Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Kwame Vaughan, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
By submitting Content to Kwame Vaughan for inclusion on your Website, you grant Kwame Vaughan a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, Kwame Vaughan will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Kwame Vaughan has the right (though not the obligation) to, in Kwame Vaughan’s sole discretion (i) refuse or remove any content that, in Kwame Vaughan’s reasonable opinion, violates any of Kwame Vaughan’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Kwame Vaughan’s sole discretion. Kwame Vaughan will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Kwame Vaughan has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Kwame Vaughan does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kwame Vaughan disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which kwamevaughan.com links, and that link kwamevaughan.com. Kwame Vaughan does not have any control over those non-Kwame Vaughan websites and webpages and is not responsible for their contents or their use. By linking to a non-Kwame Vaughan website or webpage, Kwame Vaughan does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kwame Vaughan disclaims any responsibility for any harm resulting from your use of non-Kwame Vaughan websites and web pages.
- Copyright Infringement and DMCA Policy. As Kwame Vaughan asks others to respect his intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by kwamevaughan.com violates your copyright, you are encouraged to notify Kwame Vaughan in accordance with Kwame Vaughan’s Digital Millennium Copyright Act (“DMCA”) Policy. Kwame Vaughan will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kwame Vaughan will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kwame Vaughan or others. In the case of such termination, Kwame Vaughan will have no obligation to provide a refund of any amounts previously paid to Kwame Vaughan.
- Intellectual Property. This Agreement does not transfer from Kwame Vaughan to you any Kwame Vaughan or third party intellectual property, and all right, titles, and interests in and to such property will remain (as between the parties) solely with Kwame Vaughan. The kwamevaughan.com logo, and all other trademarks, service marks, graphics, and logos used in connection with kwamevaughan.com, or the Website are trademarks or registered trademarks of Kwame Vaughan or Kwame Vaughan’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kwame Vaughan or third-party trademarks.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Kwame Vaughan reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kwame Vaughan may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Kwame Vaughan may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your kwamevaughan.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Kwame Vaughan if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Kwame Vaughan’s notice to you thereof; provided that, Kwame Vaughan can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Kwame Vaughan and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Kwame Vaughan nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Indemnification. You agree to indemnify and hold harmless Kwame Vaughan, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Kwame Vaughan and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kwame Vaughan, or by the posting by Kwame Vaughan of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Nairobi, Kenya, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Nairobi, Kenya. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nairobi, Kenya, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kwame Vaughan may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Kwame Vaughan of Marketing, Kenya (“Kwame Vaughan“) operates kwamevaughan.com and may operate other websites. It is Kwame Vaughan’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Kwame Vaughan collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Kwame Vaughan’s purpose in collecting non-personally identifying information is to better understand how Kwame Vaughan’s visitors use its website. From time to time, Kwame Vaughan may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Kwame Vaughan also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged-in users and for users leaving comments on kwamevaughan.com blogs/sites. Kwame Vaughan only discloses logged-in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Kwame Vaughan’s websites choose to interact with Kwame Vaughan in ways that require Kwame Vaughan to gather personally identifying information. The amount and type of information that Kwame Vaughan gathers depend on the nature of the interaction. For example, we ask visitors who sign up at kwamevaughan.com to provide a username and email address. Those who engage in transactions with Kwame Vaughan are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Kwame Vaughan collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Kwame Vaughan. Kwame Vaughan does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Kwame Vaughan may collect statistics about the behavior of visitors to its websites. Kwame Vaughan may display this information publicly or provide it to others. However, Kwame Vaughan does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Kwame Vaughan discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Kwame Vaughan’s behalf or to provide services available at Kwame Vaughan’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Kwame Vaughan’s websites, you consent to the transfer of such information to them. Kwame Vaughan will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, Kwame Vaughan discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order, or another governmental request, or when Kwame Vaughan believes in good faith that disclosure is reasonably necessary to protect the property or rights of Kwame Vaughan, third parties or the public at large. If you are a registered user of the Kwame Vaughan website and have supplied your email address, Kwame Vaughan may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Kwame Vaughan and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Kwame Vaughan takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.