Terms of Use Independent Kenya
Please read these Terms of Use (“Terms”) carefully before using the independent.co.ke website (the “Site”) operated by The Independent Kenya (“us,” “we,” or “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site.
1. Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of The Independent Kenya and its licensors. Our content is protected by copyright, trademark, and other laws of Kenya and foreign countries.
You may access and view our content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our material without our prior written consent.
2. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password and for all activities that occur under your account. You agree not to disclose your password to any third party.
3. User-Generated Content
A. Responsibility: Our Site may allow you to post comments, and other content (“User Content”). You are solely responsible for the User Content you post. You represent and warrant that you own the User Content or have the necessary rights to post it and that it does not violate any applicable laws or the rights of any third party.
B. License to Us: By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business.
C. Prohibited Content: You agree not to post User Content that is:
- Illegal, defamatory, obscene, or harassing.
- False, misleading, or intended to spread misinformation.
- Infringing on any intellectual property or other rights of any person.
- Containing spam, unsolicited promotions, or political campaigning.
- Containing viruses or any other malicious code.
D. Moderation: We reserve the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion for any reason, without notice.
4. Acceptable Use
You agree not to use the Site:
- In any way that violates any applicable national or international law or regulation.
- To exploit, harm, or attempt to exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our Content Standards.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
5. Copyright (DMCA & Kenyan Copyright Act)
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights of any person.
If you are a copyright owner and believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in writing:
- A physical or electronic signature of the person authorized to act on behalf of the owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing.
- Your contact information.
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner.
Our designated Copyright Agent for notice of alleged copyright infringement is:
Email: [copyright@independent.co.ke]
6. Disclaimer and Limitation of Liability
A. No Warranty: The Site and its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components. We do not guarantee the accuracy, completeness, or usefulness of any content on the Site.
B. Limitation of Liability: To the fullest extent permitted by applicable law, The Independent Kenya, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Site.
7. Links to Other Websites
Our Site may contain links to third-party web sites or services that are not owned or controlled by The Independent Kenya. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such web sites or services.
8. Termination
We may terminate or suspend your account and bar access to the Independent Kenya immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of our Terms of Use.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya.
10. Changes to Terms
Independent Kenya reserve the right, at our sole discretion, to modify or replace Our Terms of Use at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [legal@independent.co.ke]