Terms of Service

Terms of Service

Welcome to kpakpakpa.com, an interactive community for Africans to share knowledge. The kpakpakpa web site and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by kpakpakpa Inc., a Delaware corporation (referred to in this Privacy Policy as “kpakpakpa” or “kpakpakpa.com” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of kpakpakpa.com.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of June 15, 2014.

 

Description of Service

The kpakpakpa Service allows people to post and find instructions and guides on transferable skills relevant to the African community.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

 

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are kpakpakpa, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by kpakpakpa in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by kpakpakpa in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of kpakpakpa or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the kpakpakpa name or trademarks without the express written consent of kpakpakpa.

 

Your Content.

  • Ownership. These Terms don’t grant us (and we don’t claim) any ownership rights in Your Content.

 

  • Our Use of Your Content. By posting, providing, uploading, submitting, sharing, publishing, distributing, making available and/or allowing others to access or use Your Content to or through the Service, you grant to us and our affiliates a world-wide, royalty-free, fully paid-up, perpetual, non-exclusive, transferable, and fully sublicensable (through multiple tiers) right and license (but not the obligation) to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works of, display, perform (each publicly or otherwise) and otherwise use all or part of Your Content, by any and all means and through any media and formats now known or hereafter discovered, but solely in connection with the Service and/or our business activities (such as, without limitation, for promoting and marketing the Service) and/or to comply with legal or technical requirements. Additionally, to the extent permitted under applicable law, you hereby waive and agree not to assert any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with Your Content.

 

  • Posting Your Content. By posting, providing, uploading, submitting, sharing, publishing, distributing, making available or allowing others to access and/or use Your Content to or through the Service You are solely responsible and liable for the consequences of doing so and you acknowledge and agree that Your Content can and may be viewed worldwide. If you choose to make your personal information publicly available through the Service (for example, in a blog or forum), you do so at your own risk. You covenant, represent and warrant that you have obtained all necessary licenses, rights, consents, permissions and waivers to use and grant all of the rights granted in these Terms (including any Special Service Terms) in and to Your Content and that you will comply with any requirements or restrictions imposed by them; if any such requirements or restrictions for Your Content conflict with or are inconsistent with these Terms, then you must not post that Content or otherwise share it publicly on or through the Service.

 

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

  1. You must be 13 years or older to use the Service.
  2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, valid email address and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the security of your account and password. kpakpakpa.com will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.
  6. You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.

Fees

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.

 

Conduct on Service (Respect Policy)

We expect you to respect the rights and dignity of others. In accessing or using the Service, you must not post, provide, publish, upload, download, display, use, share, distribute or otherwise make available: (a) any Content that meets any of the following criteria or (b) any Content to, from or through any other web site or service that meets any of the following criteria:

  • is threatening, degrading, unlawful, unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libelous, fraudulent, offensive, inappropriate, obscene, pornographic, vulgar or otherwise objectionable;
  • violates any applicable law, rule or regulation, or could give rise to legal liability;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, tribe, age, or disability;
  • violates or infringes any right(s) of ours or of any other person, firm or entity (including contractual and fiduciary rights, copyrights, trademarks, and rights of privacy and publicity);
  • interferes with, destroys or disrupts the Service or any hardware or software through which the Service is made available (including via a virus, worm, malware, spyware, Trojan horse or other similar code, file, or program);
  • contains any unauthorized or unsolicited ideas or submissions, offers, advertising, promotional materials, surveys, “junk” or bulk mail, “spam,” chain letter,” “pyramid schemes,” investment opportunity, petitions, or other forms of solicitation;
  • impersonates any person, firm or entity, including any of our employees, partners, licensors, licensees or suppliers;
  • is misleading or false, or falsely implies an endorsement by us, our affiliates, employees, partners, licensors, licensees or suppliers;
  • presents a significant risk to public safety or promotes the dangerous or unlawful use of ammunition, explosives, firearms, weapons or other similar materials;
  • involves or helps promote unlawful gambling, sports betting, horse or greyhound racing, or any other similar activity;
  • violates any code of conduct or other guidelines applicable to any other area of the Service;
  • includes forged headers or data or creates accounts through unauthorized means (such as an automated bot, script, device spider, scraper or crawler); or
  • manipulates identifiers or other data in order to disguise the origin of any Content or to manipulate or disguise your presence on the Service.

We have the right (but not the obligation) to pre-screen or monitor any Content or any user’s access to or use of the Service, and to remove or block access to (e.g., by way of settings) any Content for any reason, or suspend or terminate any user’s access to or use of the Service for any reason (including for violations of our “Respect Policy” or any other provision of these Terms). We have no responsibility or liability with respect to any Content, including for any actions that we may take with respect to any Content that we determine violates these Terms.

 

Third Parties

  • Content. The Service might display, contain, link to or make available Content from a variety of sources (including other users and other third parties) including images, models, posts, creations, opinions, recommendations, or advice and such Content may be incomplete or inaccurate, or offensive or objectionable to you. We are not responsible or liable for, and we don’t necessarily endorse, any Content. All Content, including Your Content, is the property of its copyright owner(s) or other rightsholder(s). Except as expressly provided in these Terms, use of the Service does not grant, waive, or limit any ownership rights of such owner(s) or rightsholder(s). You must comply with all applicable laws, rules and regulations in relation to your access to and use of the Service, including local laws regarding online conduct, acceptable Content and the exportation of Content from the jurisdiction where you reside.

 

  • Interactions With Other Users. The Service may provide you the ability to interact with other users or groups of users of the Service. Such interactions are solely between you and such other users, and we are not responsible or liable for such interactions or any consequences thereof.

 

  • Links and Advertisers. The Service may provide links to and from online, mobile and other platform sites and services (such as advertisers and E-Commerce Providers) that are not under our control. We are not responsible for such online sites or services, including any contents, products or services offered or made available through such sites or services, or any interactions you may have with third parties through such sites or services. Your use of any such sites or services is at your own risk, and is subject to the terms or conditions of such sites or services.

 

Consent and Collection and Use of Data.

  • Consents. You consent to the collection, use, processing, and storage of your personal information, including cross-border transfers as described in the Privacy Statement. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.

 

  • Third Party Services. Submission of information is governed by our Privacy Statement (See www.kpakpakpa.com/privacy). Please be aware that (among other things) third parties (such as social media platforms or other company web sites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.

 

  • Sensitive Personal Information. You acknowledge that any data storage functionality of the Service is not intended for the storage of Social Security numbers, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree not to upload or otherwise submit any Sensitive Personal Information to us in connection with the Service. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.

Storage Practices and Limits.

There is limited storage space for Content on the Service. While we’ll make efforts we believe are reasonable to safeguard and back up Content, and to make Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any Content, including Your Content. So be sure to back up Your Content! We reserve the right to mark or treat as “inactive” and archive accounts and/or Content that are inactive for an extended period of time, as determined by us for each Service. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.

 

Contests and Promotions.

Sweepstakes, contests, promotions or similar opportunities may be made available through the Service (collectively, “Promotions”). By participating in any Promotion, you will become subject to specific rules governing the Promotion, which rules may vary from the terms and conditions set forth herein. To the extent that the rules of a particular Promotion conflict with these Terms, the terms and conditions of the Promotion’s rules will control.

 

Your Right to Access or Use the Service.

In accessing or using the Service, you agree collect or store personal information about any person or entity in violation of these Terms;not to (or permit anyone else to) do or attempt any of the following:

  • distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Service for any commercial purpose;
  • remove or alter, any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
  • modify, translate, adapt, arrange, or create derivative works of the Service, except as permitted in these Terms;
  • decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the Service;
  • interfere with, damage, or disrupt the operation or any security-related features of the Service, gain unauthorized access, or restrict or inhibit use by others;
  • use any robot, spider, or other system, device or mechanism to access the Service likely to disrupt or disable or destroy the Service or any Content;
  • frame or mirror any part of the Service or create a competitive business to the Service;
  • collect or store personal information about any person or entity in violation of these Terms;
  • create a database by downloading and storing any Content;
  • advertise, promote or solicit any goods or services for any commercial purpose except as expressly authorized by us or expressly permitted by these Terms;
  • use the Service, any feature thereof or any Content in a way that could or does violate any law or the rights (including without limitation, the copyright, trademark, patent, trade secret other intellectual property, proprietary or other rights) of any person, firm or entity or expose us, any users or any of Our Parties to legal liability; or
  • pose a security risk to the Service or to any other user.

We reserve the right to limit the availability of the Service, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

Indemnification.

You will, at your sole expense and to the fullest extent permitted by law, indemnify, defend (at our request), and hold harmless us and our affiliates, agents and suppliers and each of their respective officers, directors and employees (individually and collectively, “Our Parties”) against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding (“Claim“) arising out of or in connection with: (1) Your Content or use of Your Content, including, without limitation, any assertion that Your Content or the use thereof may infringe any copyright, trademark, or other intellectual property or other rights of any individual or entity, or are a misappropriation or violation of any individual or entity’s trade secret or other rights, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials, or use thereof caused death or bodily injury or damage to the real or tangible property of any third party; (2) any breach of or failure by you to comply with these Terms or any Policies; or (3) use of the Service by you (or anyone who accesses the Service through you). If we request that you defend a Claim, You will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing.

 

Warranties.

By accessing or using the Service (including any part of the Service) you represent and warrant that either you are at least the legal age of consent in the jurisdiction where you reside or, if you’re not, that you are 13 years old or older and your parent or legal guardian has agreed to these Terms on your behalf and will supervise your access to and use of the Service. You also warrant, represent and agree that:(1) you have the requisite rights to submit, develop and use Your Content in connection with the Service; (2) Your Content does not infringe or misappropriate any intellectual property or proprietary right of any third party or violate any applicable laws, rules or regulations; (3) Your Content is not subject to any restriction on disclosure, transfer, download, export or re-export under any applicable law, rule or regulation; and (4) any information you provide in connection with your registration for, or use of, the Service is and will remain true, accurate, and complete, and that you will maintain and update such information regularly.

 

Disclaimers.

Warranty Disclaimer. THE SERVICE AND ALL CONTENT RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OUR PARTIES MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT TO THE SERVICE, CONTENT AND ANY THIRD PARTY PRODUCTS AND/ORSERVICES ON OR AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. YOUR USE OF THE SERVICE (IN WHOLE OR IN PART) AND ANY CONTENT IS AT YOUR OWN DISCRETION AND RISK. OUR PARTIES DO NOT WARRANT THAT ANY USE OF OR ACCESS TO THE SERVICE OR ANY CONTENT WILL BE ERROR-FREE, COMPLETE, SECURE OR THE CONTENT WILL NOT BE OTHERWISE LOST OR DAMAGED OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED; OR THAT ERRORS OR FAILURES WILL BE CORRECTED OR REMEDIED. OUR PARTIES DO NOT WARRANT THAT THE SERVICE OR ANY CONTENT WILL PERFORM IN ANY PARTICULAR MANNER. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND OUR PARTIES ASSUME NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) (1) THE DECISIONS THAT YOU MAY MAKE REGARDING THE SERVICE; (2) USE OF THE SERVICE OR CONTENT INCLUDING WITHOUT LIMITATION ANY CONTENT (OR ANY REPRESENTATIONS, ADAPTATIONS OR TRANSLATIONS THEREOF), DATA, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU IN CONNECTION WITH THE SERVICE OR THROUGH YOUR ACCOUNT, COMPUTER SYSTEM OR MOBILE DEVICE OR ANY LOSS OF DATA; OR (3) ANY LOSS, DAMAGE OR OTHER EFFECTS ON YOU THAT MAY RESULT FROM USE OF THE SERVICE OR ANY CONTENT (OR ANY REPRESENTATIONS, ADAPTATIONS OR TRANSLATIONS THEREOF) OR THE FAILURE TO COMPLY WITH THESE TERMS. OUR PARTIES MAKE NO WARRANTIES TO ANY THIRD PARTY.We make no warranties or representations that the Service, or any part(s) thereof, OR ANY CONTENT (OR ANY REPRESENTATIONS, ADAPTATIONS OR TRANSLATIONS THEREOF) is/are ACCURATE OR COMPLETE OR IS/ARE appropriate or available for use in any particular jurisdiction. In choosing to access OR USE the Service OR ANY CONTENT, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations, including local rules regarding online conduct and acceptable content. This Section will be enforceable to the maximum extent allowed by applicable law. No information or advice (whether written, oral or otherwise) provided by Our Parties or their representatives will create any warranty or in any way affect the disclaimers of warranty or limitations of liability expressly provided in these Terms.

 

Limitation of Liability.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF THE FOREGOING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE).

 

Miscellaneous.

These Terms will be governed by and construed in accordance with the laws of (1) Switzerland if you are registered with the Service in a country in Europe, Africa or the Middle East, (2) Singapore if you are registered with the Service in a country in Asia, Oceania or the Asia-Pacific region, or (3) the State of California (and, to the extent controlling, the federal laws of the United States) if you are registered with the Service in a country in the Americas (including the Caribbean) or any other country not specified in subsections (a)(1) or (a)(2). The laws of such jurisdictions will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco, except that if you are registered with the Service in (a) a country in Europe, Africa or the Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Switzerland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

To the fullest extent permitted by applicable law, no claim under these terms of service, the privacy policy or the other governing documents shall be joined to any other claim, including any claim involving any other current or former user of the service, and no class action proceedings shall be permitted.

These Terms (including, without limitation, the Privacy Policy and other Governing Documents) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Service, the terms and conditions of these Terms will control, except (1) that the Entitlements will control over these Terms with respect to your specific Entitlement; and (2) the Privacy Statement will control to the extent that it expressly overrides these Terms.