Terms of Use

 


These Terms of Use govern your use of Ekegusii Online Encyclopedia (herein after referred to as ‘Services’) and, unless other terms and conditions expressly govern, any other electronic services provided by Ekegusii Encyclopedia that may be available from time to time.


General: Your use of the Services constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not use the Services. Ekegusii Encyclopedia reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.


Ownership: The content on the Services is the property of Ekegusii Encyclopedia.
Advertising: Advertisements, promotions, and marketing messages may appear on the Services from time to time.


Use of Content: You may display, reproduce, print or download content on the Services only for your personal, non-commercial use. If you are a teacher, scholar or student, you may copy reasonable portions of the content for lesson plans, interactive whiteboards, reports, dissertations, presentations, school newspapers and for similar nonprofit educational purposes to the extent allowed. In each case, however, you may not remove or alter any copyright, trademark, service mark or other proprietary notices or legends. You may not publish, distribute, retransmit, sell or provide access to the content on the Services, except as described in these Terms of Use.

 
Ekegusii Encyclopedia works to ensure that all the content on its Services is in compliance with applicable Kenya copyright laws. However, in the case of works or services authored by parties other than Ekegusii Encyclopedia, you may wish to check their copyright status before downloading them if you are in another country.  You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services, except with our express written permission.  You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, insert any code or product or manipulate the content of the Services in any way that affects the user's experience.


If you want to reproduce or use content for any purpose or in any manner other than as described above, you will need Ekegusii Encyclopedia's permission. Requests should be directed to the contacts listed on the ‘Contact us’ tab.


Your Communications: You are responsible for your own communications and are responsible for the consequences of sending them through the Services. You must not do the following things: send information or material (including, but not limited to, postings, messages, text, files, images, photos, video, sounds or the like) that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send information or material that reveals trade secrets, unless you own them or have the permission of the owner; send information or material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others or is otherwise unlawful; send information or material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity; send a sexually-explicit image; send advertisements or solicitations of business; send chain letters or the like; or impersonate another person.


By sending information or materials through the Services, you warrant and represent that you own or otherwise control all of the rights to the content and use of your information or materials by Ekegusii Encyclopedia will not infringe or violate the rights of any third party. By sending information or material, you automatically grant to Ekegusii Encyclopedia, a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display it alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees. You retain the right to reuse your information and material as submitted to Ekegusii Encyclopedia.

 


You may not use the Services or other communication mechanisms to sell, to trade, or for other commercial purposes. You may not send information or materials through the Services that violates the rights of any third party or contains a virus or other harmful component. Nor may you use language or engage in any activity that is threatening, abusive, vulgar, discourteous, disruptive, or unlawful. Ekegusii Encyclopedia reserves the right to remove or edit messages or material submitted by users and to remove communications at its sole discretion. Ekegusii Encyclopedia also reserves the right to expel users and prevent their further access to the Services.

 
Ekegusii Encyclopedia will make commercially reasonable efforts to respond to communications submitted through the Services, but Ekegusii Encyclopedia has no liability or responsibility to users who submit such communications, except as provided below under "Copyright Infringement Claims."


Linking to the Services: For details on how to link to the Services, click here. Please contact Ekegusii Encyclopedia when you link to the Services, so that Ekegusii Encyclopedia can better understand how its content is being accessed and so that you can be contacted when changes are made to the Services that could invalidate your links. Any linking to the Services will be at your own risk and expense. 
By linking to the Services, you agree that you will not:


• Imply in any way, by manner of presentation of the link or otherwise, that Ekegusii Encyclopedia endorses your site, products or services, or that you are affiliated with Ekegusii Encyclopedia in any way.

• Frame Ekegusii Encyclopedia content, surround it with your own advertising or identity, or charge a fee for any link to the Services.


• Link to the Services from any Web page or Web site containing libelous, obscene or criminal material, or material that infringes, violates, or advocates the infringement or violation of any third party rights.


• Host, publish, broadcast, rewrite or redistribute any content on the Services except as permitted in these Terms of Use or as specifically permitted by Ekegusii Encyclopedia.


Disclaimer of Warranties:

THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH EKEGUSII ENCYCLOPEDIA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.


Limitation of Liability:

IN NO EVENT SHALL EKEGUSII ENCYCLOPEDIA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, EVEN IF EKEGUSII ENCYCLOPEDIA WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

Indemnification:

To the fullest extent permitted by law, you agree to indemnify and hold Ekegusii Encyclopedia, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) the information or material you submit, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material you provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, (ii) your use or unauthorized copying of the Services or any of their content, or (iii) your violation of these Terms of Use or any applicable laws or regulations.


Governing Law: These Terms of Use are governed by the laws of Kenya.


Security: Some of the Services are available only by subscription. Your right to use the Subscription Services for which you have subscribed is personal to you or members of your immediate family residing with you. If you are authorized by a subscriber (such as your employer, a school or library) to access and use any of the Subscription Services, your right to use the Subscription Services is not transferable. You are responsible for protecting the confidentiality of your credentials for access to the Subscription Services (e.g., your username and password) and for complying with any guidelines prescribed by Ekegusii Encyclopedia from time to time to prevent unauthorized access to the Subscription Services. You agree to immediately notify Ekegusii Encyclopedia of any unauthorized use of your password or any other breach of security. Ekegusii Encyclopedia reserves the right to perform one-way encryption of passwords for account maintenance purposes.   

Subscriber Agreement

  • Definitions As used in these additional terms, "you" or "yours" refers to each person who establishes a subscriber account ("Account") or who is authorized to access and use any of the Subscription Services.

 

  • Account You are responsible for all use of your Account under any user ID (username or email address) or password by any person and for ensuring that all use of your Account complies fully with the provisions of this Usage Agreement.

 

  • Subscription Fees and Changes Subscription charges commence upon the date your Services subscription is activated or, if applicable, upon the date your free trial period ends, and will be pre-paid via PayPal (for international Subscribers) and by M-Pesa or Zap (for Kenyan Subscribers). The payments will be annually. Ekegusii Encyclopedia reserves the right to increase subscription rates at any time. Changes to standard subscription rates will be posted in a Ekegusii Encyclopedia communication to you. Increases in subscription rates will apply to existing accounts at the time of their renewal and will not exceed the standard subscription rate that has been in effect and posted for at least 30 days. Reductions in the standard subscription rate will not necessarily be reflected in your renewal subscription rate. Customers subscribing at specially discounted promotional rates may be subject to varying rate increases, none of which shall exceed the standard posted subscription rate.

 

  • Termination of Subscription and Free Trial Either party shall have the right to terminate your subscription at any time by providing notice of termination to the other. In the event of termination of your subscription by either party, you shall have no claims against Ekegusii Encyclopedia or its affiliates. Termination of your subscriptions or free trial automatically terminates your license to use the Subscription Services and any content or other material contained therein. If you acquired an annual subscription and you terminate your subscription within 30 days of the date of activation of your Account, you are eligible to receive a refund of the subscription fee paid to Ekegusii Encyclopedia less 25% charge. You must contact Ekegusii Encyclopedia Customer Support to receive this refund.

 

  • Renewals and Cancellations: Your subscription will renew automatically unless we terminate it or you notify us by telephone or email (receipt of which must be confirmed by email reply from us) of your decision to cancel your subscription.  You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Instructions on how to cancel your subscription are available at here.     In the event that you cancel your subscription, subscription fees will not be refunded, applied to another subscription, or transferred to anyone else and is not convertible to cash or other form of credit. 

 

  • Credit Cards or Charge Cards You agree that you will provide a major credit or charge card (e.g., MasterCard, Visa, American Express, or Discover) to PayPal which may charge for all subscription fees or other amounts payable to Ekegusii Encyclopedia. With respect to ‘Automatic Renewable subscription charges’, you give the following authorization:

 

  • I authorize automatic credit or charge card billing by Ekegusii Encyclopedia. I agree that the charges described above will be billed by Ekegusii Encyclopedia to the credit or charge card that I have provided to Ekegusii Encyclopedia in my Account information, or otherwise when I applied for the Subscription Services. I understand that all fees and charges are nonrefundable. I agree that Ekegusii Encyclopedia will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement.
  • Account Information You agree to provide current, complete, and accurate information for your Account in order to receive access to the Subscription Services. You agree to promptly update all Account information to keep your account current, complete, and accurate (such as a change in billing address, credit or charge card number, or credit or charge card expiration date) and you must promptly notify Ekegusii Encyclopedia if your credit or charge card is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your log-in and password.
  • Changes to such information can be made by going to the contacts listed on the ‘Contact us’. If you fail to provide Ekegusii Encyclopedia any of the foregoing information, you agree that Ekegusii Encyclopedia may assume that your credit or charge card is either still valid or that it has been renewed and may continue charging you for the Subscription Services to which you have subscribed, unless you have cancelled your subscription.

Copyrights.


All contents of the Services are © Ekegusii Encyclopedia. All rights reserved. Ekegusii Encyclopedia is copyrighted 2010 by Ekegusii Encyclopedia.

 

Our Commitment to Privacy

 

Ekegusii Encyclopedia is committed to respecting the privacy of visitors to its Web site (ekegusiiencyclopedia.com). Except as otherwise expressly provided, this Privacy Policy applies to this site. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used on this site.

 
The Ekegusii Encyclopedia sites are general audience Web sites, intended for Users of all ages. Personal information of Users may only be collected, used, and disclosed as described in this Privacy Policy.

 

The Information We Collect

The information we receive and collect depends on what a User does when visiting Ekegusii Encyclopedia site. To help us achieve our goal of providing the highest quality services, we collect and apply information from our interactions with visitors and subscribers (hereafter referred to as "Users") to the site, as well as from other parties. Because we respect your privacy, we have put in place procedures to ensure that your personal information is handled in a safe, secure, and responsible manner.

 
Personal Information.


In general, our Users are able to visit many of our Web pages anonymously i.e.without revealing any information about themselves. However we may track the Internet domain or "Internet protocol" addresses from which Users visit us and analyzes this data in the aggregate to determine usage trends and statistics. Individual Users will remain anonymous, unless they voluntarily tell us who they are.

 


There may be times, however, such as when subscribing to our services or contributing content to a Ekegusii Encyclopedia site, when we ask Users to provide certain Personal Information about themselves. "Personal Information" may include, but is not limited to, the name, address, telephone number, e-mail address, and credit or charge card information and cell phone number of the User.


Whether or not a User provides such information is completely his or her own choice. If a User chooses not to provide the Personal Information requested, he or she may be unable to access certain services and content on our Ekegusii Encyclopedia site, or contribute content to the site.

 
Profile Information
There will also be opportunities for subscribers to provide us with profile information regarding their preferences and interests. This information may include, but is not limited to, age, gender, level of education completed and personal-interest information. This demographic information, however, is not required and is completely optional.

 
Referral and prospectors Information
If a User visits an Ekegusii Encyclopedia site and submits an e-mail address to Ekegusii Encyclopedia but fails to complete the registration or purchase process, we may use such "prospective" information to contact the prospective User from time to time with Ekegusii Encyclopedia offers and information about new features, news and special discounts we think the User may find  valuable.

 
Similarly, if a User forwards Ekegusii Encyclopedia e-mail to a friend, we may use the "referral" information provided to contact the friend from time to time with Ekegusii Encyclopedia offers and information about new features, news and special discounts we think the friend may find useful.


All of our "prospective" and "referral" communications contain clearly marked opt-out instructions. The types of personally identifiable information that may be collected in relation to "prospects" or "referrals" include: name and e-mail addresses. 


How We Use the Information We Collect
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Web sites or while using our services.

 
Personal Information
Ekegusii Encyclopedia uses Personal Information for:

 

  • Allowing Ekegusii Encyclopedia site Users to open an account and to receive communications they reques.

 

  • Verifying the identities of contributors of content to Ekegusii Encyclopedia site

  

  • Making ongoing enhancements to the Ekegusii Encyclopedia site

  

  • Marketing and promotional purposes

 

  • Evaluating Web site usage by analyzing and otherwise using Personal Information and related data in the aggregate, but not with respect to any individual Ekegusii Encyclopedia site User


We do not share your Personal Information with others except as indicated below or expressly permitted the user. We may share Personal Information with:

 
• Authorized service providers: We may share your Personal Information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, supporting our Web site functionality. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.

 
• Business partners: When you engage in promotions offered through our Web site, banners, advertisements available through our site, we may share Personal Information with the businesses with which we partner to offer you those products, services, promotions and/or sweepstakes.


Other situations. We also may disclose your information:

 

  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Ekegusii Encyclopedia, our Users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Web site terms and conditions or other agreements or policies.
  • Ekegusii Encyclopedia does not include in any of the Ekegusii Encyclopedia sites any functionality for performing "reverse searches" to identify Web site Users from their e-mail addresses. However, as discussed below, Ekegusii Encyclopedia reserves the right to analyze and utilize Personal Information in order to more effectively optimize the User experience and to present certain opportunities to Users for their benefit.

 
Demographic Information
In an ongoing effort to improve its services, Ekegusii Encyclopedia may use aggregated demographic information to draw conclusions about Users' wishes and preferences. Ekegusii Encyclopedia may also provide demographic information in the aggregate regarding Ekegusii Encyclopedia site Users to third parties in connection with Ekegusii Encyclopedia advertising campaigns and marketing programs; however, no demographic information relating to any individual Ekegusii Encyclopedia site User is disclosed without the express consent of such User. In addition, any such User may withdraw his/her consent at any time by following the instructions provided under the heading "How to Opt Out, Correct, Update, or Remove Personal Information" below. As stated above, submitting such demographic information is not required and is completely optional on a User’s part.

 
Prospective and Referral Information
As discussed above, we may use prospective and referral information to contact a prospect or referral from time to time with Ekegusii Encyclopedia offers and information about new features, new services, or special discounts we think such prospect or referral may see as valuable. We do not sell or rent any contact information for such prospects or referrals.

 
Usage Data
We only use Usage Data in the aggregate. We look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our visitors use certain parts of the Ekegusii Encyclopedia site, which, in turn, enables us to make the Ekegusii Encyclopedia sites as appealing as possible. We may also provide statistical "ratings" about how our visitors collectively use our Web site to business partners (advertisers). We do this so they, too, can understand how often people use their areas of the Web site in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about any of our individual Users.


Information Disclosed in Public Areas

Certain Ekegusii Encyclopedia sites allow for the sharing of information. You should remember that any Personal Information you submit to such areas (for example, blogs and forums) may be viewed by other visitors to that site. As a result, your Personal Information may be viewed, collected and used by third parties over whom Ekegusii Encyclopedia has no control. Ekegusii Encyclopedia is not responsible for the information you submit in such public areas or the use that may be made of such information by any third party.


Subscriber Communications

As a benefit of membership, Ekegusii Encyclopedia site subscribers may receive the following communications from us:

 
• Communications related to subscription maintenance activities
These communications may include, without limitation, notices regarding material changes to Ekegusii Encyclopedia site policies, service updates, service enhancements, and account management procedures. Since these communications are necessary to ensure Ekegusii Encyclopedia provides its subscribers with the highest quality of services, we recommend our subscribers not to opt out from receipt of these communications.

 
• Newsletter Communications
As a benefit of an Ekegusii Encyclopedia subscription, we may send Ekegusii Encyclopedia subscribers our exclusive Ekegusii Encyclopedia newsletters. These newsletters are full of useful Ekegusii Encyclopedia content.

 
• Communications containing information about Ekegusii Encyclopedia products and services.

 
We may send promotional e-mails and other outbound communications to Ekegusii Encyclopedia site subscribers regarding products and services from Ekegusii Encyclopedia. Any Ekegusii Encyclopedia site subscriber that does not wish to receive such product and service communications can choose to remove his or her contact information from our contact list


Protection for Children

Children should always ask parents for permission before providing any Personal Information to Ekegusii Encyclopedia or purchasing any products or services from Ekegusii Encyclopedia. Ekegusii Encyclopedia expressly adheres to all laws and policies related to children's privacy. Ekegusii Encyclopedia does not knowingly collect or solicit Personal Information from or about children under 16, except as permitted by law. If we discover that we have inadvertently received any Personal Information from a child under 16 in violation of this policy, we will delete that information immediately. If you believe Ekegusii Encyclopedia has any Personal Information from or on anyone under 16, please contact us in the manner provided for.


Our Commitment to Security

Ekegusii Encyclopedia only collects information from Ekegusii Encyclopedia site Users to the extent deemed reasonably necessary to serve its legitimate business purposes, and will as far as possible ensure the security, integrity, and privacy of all collected information. In addition, Ekegusii Encyclopedia uses security measures in connection with the collection and transmission of Ekegusii Encyclopedia site User information during each Ekegusii Encyclopedia site's registration process. Nonetheless, Ekegusii Encyclopedia is not responsible for any breach of its security or for the actions of any third parties that may obtain any Ekegusii Encyclopedia site User information, including Personal Information or profile information.


How to Opt Out, Correct, Update, or Remove Personal Information

Users may opt out of certain services or correct, update, or remove Personal Information that Ekegusii Encyclopedia has collected about them through any of the means listed below. 
• By email: Send email with “unsubscribe” in the subject line to:


• By Phone: Call us at: (254) 717 017 441/(254)735 322 322


• Postal mail: Ekegusii Encyclopedia Customer Service, Attn: Removal from Mailing List
# 88002 Mombasa 80100, Kenya


Please allow up to six (4) weeks for mailed-in or faxed opt-out requests to be processed.
Please be sure to include the following information in your correspondence:

 
Your e-mail address 
Your first and last name 
Your mailing address (street, city, state, zip code, and country)
The name of the Ekegusii Encyclopedia site to which the request applies

 
Links to Other Web sites
Ekegusii Encyclopedia sites each contain links to other Web sites. Ekegusii Encyclopedia is not responsible for the privacy practices or content of these third-party Web sites. We urge all Ekegusii Encyclopedia site Users to follow safe Internet practices: Do not supply Personal Information to these Web sites unless you have verified their security and privacy policies.

 
Data Retention

 We retain your information for as long as necessary to permit us to use it for the purposes that we have communicated to you and comply with applicable law or regulations.


Your Consent and Changes to Privacy Policy

This Privacy Policy was last updated on March 24, 2010. By using any one of the Ekegusii Encyclopedia sites, you consent to the collection and use of your information by Ekegusii Encyclopedia in the manner specified in this Privacy Policy. Ekegusii Encyclopedia reserves the right to change or amend this Privacy Policy prospectively at any time by posting the revised Privacy Policy on the Ekegusii Encyclopedia sites. Ekegusii Encyclopedia encourages site Users to periodically review this Privacy Policy and be be informed of how we are protecting their information.