TERMS AND CONDITIONS OF USE

Welcome to Drums for Africa. Please read these Terms and Conditions of Use, and our Privacy Policy very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms and Conditions of Use and Privacy Policy, will abide by them, and that you are over 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Drums for Africa does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not enter into to this Agreement on their behalf. If you are a parent or legal guardian entering into to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.

Drums for Africa may from time to time amend, supplement or modify the terms and conditions of this Agreement. It is your responsibility to check these Terms and Conditions of Use (“http://www.drumsforafrica.com”) periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by these Terms and Conditions as amended, you must stop using the Service.

  1. Terms of Use and Privacy Policy.

    Except as otherwise expressly provided for in these Terms and Conditions, the Service is subject to our Privacy Policy, which is incorporated into and made a part of these Terms and Conditions. Although Drums for Africa uses commercially reasonable efforts to protect the security of your information, Drums for Africa cannot guarantee that any information sent via the Internet will not be read or intercepted by others.

  2. Your Information.

    You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Drums for Africa may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by Drums for Africa in its sole discretion. You agree that Drums for Africa may store and use the Registration Data you provide for use in providing the Service, including but not limited to, maintaining and collecting your accounts and billing fees to you. Drums for Africa's use of your Registration Data is subject to the terms of our Privacy Policy.

  3. User Account and Service Security.

    Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else's Account. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Drums for Africa of any unauthorized use of your Account or any other breach of security. Drums for Africa shall not be responsible for any losses arising out of unauthorized use of your Account.

  4. Content.

    The Service may allow you and other third parties to post data, text, grades, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, "Content"). All Content, whether publicly posted on or privately transmitted via the Service, is the sole responsibility of the person from whom the Content originated and not of Drums for Africa, or its shareholders, directors, officers, or employees. Drums for Africa may review and delete any Content, in whole or in part, that in the sole judgment of Drums for Africa violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Drums for Africa or its sharholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Service. It is your responsibility to evaluate the Content available through the Services, Software or the Site. Although Content will not be prescreened or reviewed, we reserve the right to refuse or delete any Content. DO NOT SUBMIT OR DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. Drums for Africa likes to hear from you. However, please do not send to any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Drums for Africa shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.

  5. Licenses.

    When you post content, you hereby grant (or warrant that the owner of the Content grants) us and each user of this Site, or the Service a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party. In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Software solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software and Service are protected by applicable intellectual property laws, including Kenyan copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to:

    1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software and/or Services;

    2. rent, lease, or sublicense the Software and/or Services; nor

    3. circumvent or disable any security or technological features or measures in the Software and/or Services.

    You may not export or re-export the Software and/or Services without

    1. the prior written consent of ; and

    2. complying with applicable export control laws and obtaining any necessary permits and licenses.

  6. Community Guidelines.

    While using the Site and the Services, you agree not to:

    1. use the Site or the Service in violation of any applicable law;

    2. use the Site or the Services or features in violation of Drums for Africa's or any third party's intellectual property or other proprietary, personal or legal rights;

    3. obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;

    4. attempt to gain unauthorized access to other computer systems through the Site;

    5. impersonate any person or entity or misrepresent your affiliation with any other person or entity;

    6. attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;

    7. use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;

    8. obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

    Drums for Africa has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Drums for Africa reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

  7. Termination.

    You agree that Drums for Africa, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site and the Service, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Drums for Africa believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Drums for Africa may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site, Software or the Services may be effected without prior notice, and you acknowledge and agree that Drums for Africa may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Site, Software or the Services. Further, you agree that Drums for Africa shall not be liable to you or any third party for any modification or termination of your access to the Site, Software, or the Service.

  8. Intellectual Property.

    Acknowledgement of Ownership. You agree that the Service, including without limitation technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music, artwork, compilation of content, postings, links to other Internet resources, hardware, software and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by Drums for Africa and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Service will be limited by copyright law and you agree to make no use of the Service that would infringe on the copyright in the elements thereof. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

  9. Privacy.

    Any information submitted on the Site or the Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully. Disclaimers of Warranties; Limitations on Liability The Site, Software, and the Services (including all Content) are provided "as is"; Drums for Africa makes no representations or warranties of any kind with respect to the Services, the Content, the Site, the Software, or any contents therein. Drums for Africa assumes no liability or responsibility for any errors or omissions in providing the Services, the Site, the Software or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site.

  10. No Responsibility for Third-Party Materials or Web sites.

    Certain content, Products, and services available via the Service may include materials from third parties. In addition, may provide links to certain third-party web sites. You acknowledge and agree that Drums for Africa is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Drums for Africa does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.

  11. Disclaimer of Warranties; Limitation of Liability.

    DRUMS FOR AFRICA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DRUMS FOR AFRICA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. DRUMS FOR AFRICA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DRUMS FOR AFRICA DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

    YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DRUMS FOR AFRICA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DRUMS FOR AFRICA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DRUMS FOR AFRICA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) Kshs 9,000.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND DRUMS FOR AFRICA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    DRUMS FOR AFRICA MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SERVICE.

  12. Waiver and Indemnity.

    By using the Service, you agree to indemnify and hold Drums for Africa, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by Drums for Africa as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from Drums for Africa, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Drums for Africa's conclusion that a violation of this Agreement has occurred.

  13. Changes.

    Drums for Africa reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

  14. Governing Law; Remedies.

    The substantive laws of the Republic of Kenya govern these Terms and your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute with Drums for Africa or relating in any way to your use of the Service resides in the courts within the Republic.

    You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to Drums for Africa and/or its affiliates or licensors for which money damages would be inadequate, and in such event Drums for Africa, its affiliates and/or licensors, or the owners of the copyright in any Product available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Drums for Africa, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

  15. Miscellaneous.

    This Agreement, together with the Terms of Use and Privacy Policy for the Drums for Africa website, constitutes the entire agreement between you and Drums for Africa regarding the Service and governs your use of the Service, superseding any prior agreements between you and Drums for Africa relating to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Drums for Africa's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Drums for Africa will not be responsible for failures to fulfill any obligations due to causes beyond its control. Drums for Africa obtains permission from record companies and other content owners to make their musical and other content available to you through the Service. You agree that the content owners that license their musical and other content to Drums for Africa for the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.

    Thank you for reading our Terms and Conditions. We hope you enjoy Drums for Africa.

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