Terms and Conditions
BEFORE USING THIS SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BELOW
carscape.co.ke (the “Site”) is owned and operated by carscape.co.ke.By using this Site, you explicitly agree and are therefore bound by the following terms and conditions (“Terms and Conditions” or “Agreement”). By registering for, logging into, visiting and using the Site in any way, you indicate that you understand these Terms and Conditions to be the legal equivalent of assigned, written contract and equally binding, and that you accept these Terms And Conditions and agree to be legally bound by them. carscape.co.ke may change these Terms and Conditions at any time. Your continued use of the Site following reasonable notice of such modifications will be deemed that you have accepted these Terms and Conditions. You agree that notice of changes to these Terms andConditions posted on the Site constitutes reasonable and sufficient notice. Atall times, you are bound by the then-current version of these Terms andConditions and all applicable laws. Please review these Terms and Conditions Periodically for changes.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images,graphics, code, marks, logos, audio and video, footage, animations, podcasts,analyses, studies, reports, downloads, and other content contained herein(“Site Content”) is owned by or licensed to carscape.co.ke, and protected by law, including copyright, database, trade secret, and trademark laws of Kenya, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2019, carscape.co.ke, all rights reserved. carscape.co.ke also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. carscape.co.ke, the carscape.co.ke Logo, and all other marks displayed on this site (the “Trademarks”) are registered and/or common law trademarks of carscape.co.ke and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, or otherwise, any grant, license or right to use anySite Content or Trademarks without the prior written permission of Topcar.coke or such other party that may own the Trademarks or any licensed copyrights. You Agree not to directly or indirectly: attempt to register, challenge or contest the validity or the carscape.co.ke (or its licensors, as applicable) ownership of, such copyrights, Trademarks or any other carscape.co.ke’s intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Comment Sections, Bulletin Boards andOther Interactive Areas
The Site may contain discussion forums, comment sections,bulletin boards, review services or other forums in which you or third parties may post reviews of cars and car related services or other content, messages,materials or other items on the Site (“Interactive Areas”). If carscape.co.ke.provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You Should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon an opinion, advice, or information contained on the Site. All statements,information and other content submitted by users are solely the opinions of users, and not of carscape.co.ke.
By using any Interactive Areas, you expressly agree not touse, reproduce, modify, adapt, edit, translate, publicly display,telecommunicate or perform, post, upload to, transmit, distribute, store,create derivative works from or otherwise publish throughout the World, in anymedia, now known or hereafter devised, on or through the Site any of the following:
Any message, data, information, text, music, sound,photos, images, graphics, code, marks, logos or other content(“Content”) that is unlawful, untrue, libelous, defamatory,slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing,threatening, invasive of privacy or publicity rights, abusive, inflammatory,fraudulent or otherwise objectionable or inappropriate;
Content that may infringe any patent, trademark, tradesecret, copyright or other intellectual or proprietary right of any party(including rights of privacy and publicity);
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, emailaddresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the InteractiveArea(s) in which such Content is posted; or
Content that, in the sole judgment of carscape.co.ke,contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the InteractiveAreas or the Site, or which may expose carscape.co.ke or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:
Interfere with or disrupt the Site or our computer systems, servers, or networks;
Attempt to gain unauthorized access to any part of theSite, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site,unless we indicate otherwise, you (a) grant carscape.co.ke and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable,irrevocable and fully sublicensable right to use, post, store, reproduce,modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform suchContent throughout the world in any media, now known or hereafter devised; (b)grant carscape.co.ke and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/orcontrol all of the rights to the Content that you post or otherwise distribute,or you otherwise have the lawful right to post and distribute such Content through the Site, and to grant the licenses granted herein; (ii) suchContent is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. Youfurther grant carscape.co.ke the right to pursue at law any person or entity that violates your or carscape.co.ke’s rights in the Content or breaches of theseTerms and Conditions.
carscape.co.ke takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party,or for any loss or damage thereto or in connection therewith, nor is carscape.co.keliable for any mistakes, inaccuracies, infringements, defamation, slander,libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, carscape.co.ke is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although carscape.co.kehas no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, carscape.co.ke reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of theSite in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect carscape.co.kes systems and customers, or to ensure the integrity and operation of carscape.co.ke business and systems, carscape.co.ke may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
carscape.co.ke’s right to disclose any such information, as applicable, shall be pursuant to the terms of carscape.co.ke’s Privacy Policy.Please see carscape.co.ke’s Privacy Policy for the terms of carscape.co.ke personal data collection and use practices with respect to the Site. By using this Site, you consent to carscape.co.ke’s collection and use of personal data assets in carscape.co.ke’s Privacy Policy.
Rights to User Content
Content submitted by users will be considered non-confidential and carscape.co.ke is under no obligation to treat such Contentas confidential or proprietary information. Without limiting the foregoing, Topcar.co.reserves the right to use the Content as it deems appropriate, including,without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommuting or performing, uploading to, transmitting,distributing, storing, creating derivative works from, publishing, deleting,editing, modifying, rejecting, or refusing to post it. carscape.co.ke is under no obligation to offer you or make any payment for Content that you submit or use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to carscape.co.ke. carscape.co.keshall has no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights(including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use,modification, deletion and exploitation of the Content by carscape.co.ke or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of carscape.co.ke and its successors, assigns, officers,employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release carscape.co.ke,and its licensees, successors and assigns, from any claims that you could otherwise assert against carscape.co.ke by virtue of any such moral rights.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
CARSCAPE.CO.KE MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,”“AS AVAILABLE” BASIS, AND CARSCAPE.CO.KE EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. CARSCAPE.CO.KE ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS,NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, ANDALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. CARSCAPE.CO.KE DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT CARSCAPE.CO.KE HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATIONS ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER CARSCAPE.CO.KE, ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION,CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, carscape.co.keLSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT.
YOU AGREE TO INDEMNIFY CARSCAPE.CO.KE AND ITS OWNERS,SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOURUSE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS
