User Terms and Conditions - Extractives Baraza

1. Registration

You may access areas of the Extractives Baraza website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Extractives Baraza Site, you agree that:

• your account and password are personal to you and may not be used by anyone else to access the Extractives Baraza;
• you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Extractives Baraza; and
• you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by sending an email to info@extractives-baraza.com. Continued use of the Extractives Baraza’s site indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Extractives Baraza immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the Extractives Baraza Site

Your use of the Extractives Baraza Site is for your own personal and non-commercial use only. You acknowledge that, as between the Extractives Baraza and you, except for user content and advertisements (as discussed below), the Extractives Baraza is the sole owner of all content on the Extractives Baraza Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Extractives Baraza (“Extractives Baraza Content”). The Extractives Baraza Site and the Extractives Baraza Content are protected by the copyright laws and other intellectual property laws of the Republic of Kenya and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Extractives Baraza Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Extractives Baraza for any other purpose without our prior written approval. Except as expressly authorised by the Extractives Baraza, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Extractives Baraza Site.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at director@extractives-baraza.com.

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Extractives Baraza Content. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Extractives Baraza Content or any part of it. You can access other sites via links from the Extractives Baraza Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Extractives Baraza Site or the Extractives Baraza Content. In particular, we do not warrant that the Extractives Baraza Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Extractives Baraza Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

5. Third party advertising on the Extractives Baraza Site

You may will see advertising material submitted by third parties on the Extractives Baraza Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on the Extractives Baraza, please email us at director@extractives-baraza.com.

6. User content

Users of our site may be permitted to submit content for publication on the Extractives Baraza Site. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Extractives Baraza.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Extractives Baraza or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Extractives Baraza, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Extractives Baraza.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Extractives Baraza to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Extractives Baraza Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Extractives Baraza Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Extractives Baraza Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Extractives Baraza Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Extractives Baraza assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Extractives Baraza Site.

If you are under 18, you confirm that you have permission of your parent or guardian to submit content

Any queries regarding copyright and your content should be directed in the first instance to info@extractives-baraza.com.

7. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on the Extractives Baraza Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Extractives Baraza after it has been posted.

8. Governing law & jurisdiction (except for US users)

These terms and conditions are governed by the laws of the Republic of Kenya and the parties agree to submit to the exclusive jurisdiction of the Kenyan courts.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Extractives Baraza, its affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

10. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Extractives Baraza.

11. Additional disclaimers

Visitors to the Extractives Baraza Site agree that their use of the Extractives Baraza Site is at their own sole risk. The Extractives Baraza Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Extractives Baraza; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Extractives Baraza also makes no representations and warranties as to any linked sites and Extractives Baraza has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Extractives Baraza Site may represent the opinions and judgments of providers or users, such as user content. Extractives Baraza and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Extractives Baraza Site by anyone other than authorised Extractives Baraza employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Extractives Baraza Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Extractives Baraza Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Extractives Baraza does not warrant or guarantee that access to the Extractives Baraza Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

12. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL EXTRACTIVES BARAZA OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE EXTRACTIVES BARAZA SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE EXTRACTIVES BARAZA SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 13 APPLIES EVEN IF EXTRACTIVES BARAZA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.