Tokenmap is a Kenyan news website that specializes in technology news and interactive forums for techies. The content posted in the Sites is for the purposes of news, information, promotion of products and/or services and providing entertainment. The website and its accompanying Application are owned by Tokenmap Ltd.
Services refers to any of the services Tokenmap offers via the Website and or any App such as news, interactive forums, among others;
Sites includes the Tokenmap website (tokenmap.news) and Tokenmap app.
Us, We and Our and, Tokenmap and the Company refers to Tokenmap Ltd and our affiliates and shall be construed accordingly;
You refers to the person who accesses and/or uses the Services;
Parties constitute Tokenmap and the User.
Content refers to the material published in the website but excludes any comments (“User-Generated Content or Submissions see 1.1.6) left by the users. Content includes news articles, feature articles, images, photographs and video clips, audio clips any other content created or published by us;
User-Generated Content and Submissions refers to any material that the user may submit as part of the discussions and comments. They include text comments on the website, reviews, audio and video clips and photographs among others.
TERMS OF USAGE
Your access to and use of the service is conditioned upon your acceptance of and the compliance with these Terms. The Terms apply to all visitors, users and other people who access and/or use the Services offered by the Company.
By accessing and/or using the Service, you agree to be bound by these Terms.
These Terms constitute the entire agreement between the parties and shall exclude any prior agreement and/or Terms.
If you disagree with the Terms or the changes thereof, you may not access and/or use the Services.
It is within the discretion of the Company to change, suspend, discontinue or delete from public viewership any of the parts of the Website, any database in the website, or without any notice to you. The company may also impose limits on certain features of the website or articles without prior notice to you and without incurring any liability on our part.
By registering you provide that the information is complete, current and accurate.
You are required to keep this information comprehensive, current and accurate.
You agree to keep your password safe and desist from using other peoples’ account without their permission.
Tokenmap may use such username to identify you.
CONTENT ON THE WEBSITE
The Content of the Website and any attendant mobile applications are intended for your personal and non-commercial use.
All the content the Company publishes in the website is protected by Kenyan and international intellectual property law including but not limited to the copyrights owned of Tokenmap Ltd, affiliates, or the credited third party. Such content includes text, music, sounds and audio, photos and videos.
We respect your intellectual property rights including copyright over your rights. If you believe that your intellectual property rights have been infringed, provide Tokenmap with a written complaint to the addresses listed below. Include the particulars of the alleged infringement. Kindly also include information that we can use to contact you.
Our address is:
Garden Estate, Marurui Road, B12,
P.O Box 65159-001618
Ruaraka, Nairobi, Kenya
You may not modify, publish, transmit, or participate in any of the actions thereof or in any other ways participate in the exploitation of the Services and the content in contravention of copyright law of Tokenmap, its affiliates or third parties.
You may copy or download any of the content that is downloadable for personal use only provided that you do not breach any of the copyright and intellectual property Terms. The downloading does not give you any intellectual property rights over the content.
The content of the website is owned or is under license of the Company. Certain parts of the content might be owned by Third Parties.
USER-GENERATED CONTENT AND SUBMISSIONS
You desist from uploading, distributing, publishing or in any way associating the Services with any material and content that contains defamatory, abusive, obscene, pornographic, misleading, inaccurate, that comprises violent images or videos of killings or physical abuse or illegal in any way.
You agree that in your comments you will not threaten, abuse, use language that is defamatory, misleading, false, inaccurate, that compromises that comprises violent images or videos of killings or physical abuse or in any way spam discussions through the use of repetitive, abusive or non-courteous messages.
You agree not to post any content with an unauthorised advertising including junk mail.
You agree not to publish any information or content that violates the intellectual property or any other proprietary rights including the right to publicity. You shall be solely responsible for any damage resulting from infringement of such rights. Tokenmap may at its sole discretion bar you from submitting further materials if it determines that you have violated any of these rights.
You agree to be respectful and courteous. You shall not use any language that is discriminatory against a person, a class or a group of persons including on the basis of race and ethnicity, nationality, national origin, gender, age and disability among others. Any language that fails the respectability test is a reason for the Company to immediately suspend you from access to all or a part of the Services the Company offers.
You agree not to personally attack any person. While heated debates are encouraged, personal attacks are not. Personal attacks will be a ground for an immediate suspension from any or all Services.
You agree not to interfere with any person’s privacy by harvesting data that might personally identify them from the website or the user submissions.
You shall not also post viruses or harmful software.
You agree that any of the submissions that you make on the website may be edited, removed, modified, published, transmitted and displayed by the Company.
You agree that you have sought consent from every identifiable natural person whose name or likeness you use in your user submissions.
You agree not to impersonate any person or entity in your user Submissions.
You agree that you waive any rights you may have in the in the material altered or changed in any manner that is not agreeable to you.
You agree that the submissions to Tokenmap may be made available for republishing in other areas.
You grant the Company a royalty-free license to any Submissions made to the Company Services. In this respect, the Company may display or republish in any form or format, any of your Submissions without any recourse to you. You warrant that you have the authority to such Submissions and the Submissions not infringe these Terms.
You agree that if you maintain any moral rights including the right to acknowledgement over any Submissions, you agree that you do not reserve any right to be personally identified in respect of such Submissions or any updates. You release Tokenmap from any claims that might arise from such moral rights.
You are personally and solely responsible for any content in your Submissions. It is important to note that Tokenmap does not, and cannot review all the Submissions, and is thus, not responsible for their contents. By submitting any user content, you warrant that you are over the age of 18 or have your parents’ permission to post the content.
You agree that Tokenmap may delete any of your Submissions if Tokenmap deems such submissions to be abusive, defamatory, obscene, in violation of any intellectual property rights of any other party or otherwise against these Terms.
The decision to review, edit or delete such user content shall not be deemed as placing on Tokenmap any liability for the submissions.
You agree that your Submission may be published and displayed on the Tokenmap website and in other forums like social media accounts operated by Tokenmap or its affiliate companies.
You agree that TokenMap does not warrant the accuracy or credibility of the user generated content and will not assume responsibility for any actions that may arise from reading and such content.
PUBLISHED THIRD PARTY CONTENT
Any Third-Party content we publish belongs to Third Parties and not TokenMap. Tokenmap shall not be responsible or legally liable for such content. We do not guarantee the accuracy, comprehensiveness, veracity or usefulness of such content and its fitness for purpose.
It is your responsibility to assess the accuracy pf such information.
Tokenmap is not responsible for the content of advertisements or promotions on the Sites and shall not be legally liable for any loss resulting from such advertisements.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU AGREE USE TOKENMAP AT YOUR OWN RISK AND TOKENMAP, ITS SUCCESSORS IN TITLE, AFFILIATES, PARENT COMPANIES, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS DO NOT WARRANT THAT THE SERVICES ON THE TOKENMAP WEBSITES AND APPS SHALL BE UNINTERUPTED OR FREE FROM ERRORS. THE ABOVE NAMED ALSO DO NOT WARRANT THAT ANY RESULTS OBTAINED HEREIN SHALL BE ACCURATE, RELIABLE OR FIT FOR PURPOSE.
ANY SERVICES PROVIDED INCLUDINGE THE SITE AND ANY DOWNLOADBALE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES.
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TOKENMAP BE LIABLE FOR ANY LOSS OF PROFIT, DATA, GOODWILL TECHNOLOGICAL FAILURE, WORK INTERUPTION OR STOPPAGE, DEFAMATION, BASED ON ANY LEGAL CAUSES THAT ARISE FROM THE SITE OR APPS OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERUPTION, DELETION OR DELAY IN SERVICES. YOU AGREE THAT THE THIS LIMITATION OF LIABILTY APPIES REGARDLESS OF THE NATURE OF THE CLAIM, THE BASIS OF THE CLAIM, AND INCLUDING WHETHER OR NOT TOKENMAP, ITS EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, PARENT COMPANY OR SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILTY OF THE CLAIM ARISING. WITHOUT ANY GENERALITY OF THE ABOVE, YOU ALSO AGREE THAT TOKENMAP SHALL NOT BE RESPONSIBLE FOR ANY ACTUAL OR PERCIEVED DEFAMATORY, OFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.
IF THE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE LIABILITIES ABOVE, THE LIMITATIONS WILL APPLY TO THE EXTENT THE PERMITTED BY LAW.
The user agrees to defend, indemnify and hold harmless Tokenmap, its employees, affiliates from any claims that arising from the use of your use of the Sites by you or your account.
Tokenmaps and its affiliates own the logos and trademarks in the site. Any logos and trademarks submitted by users and Third Parties belong to their respective owners.
Tokenmap shall not be responsible for any acts, damages or failure of performance beyond its reasonable control including but not limited to acts of God, explosions, war terrorism and failure of technology.
Any disputes over your use of Tokenmap products and services will be solved in the first instance by Arbitration officiated by an arbitrator appointed through consensus by Tokenmap and the User.
In case Tokenmap and the User are not able to agree on the choice of the Arbitrator, the Arbitrator will be appointed by the sitting Law Society of Kenya Chairperson.
We both agree that the resolution of any disputes between Tokenmap and the Customer shall be done on an individual basis and not in class action suit.
The Terms of Service shall be construed and enforced in accordance with Kenyan Law.