Last Updated: 8 th Jan 2019
THIS IS A LEGAL AGREEMENT THAT ALLOWS YOU TO ACCESS AND USE THE thesun.co.ke WEBSITE. BY ACCESSING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS STATED HERE, DO NOT USE THE WEBSITE AND SERVICE. thesun.co.ke MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS AGREEMENT
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You represent and warrant to Sande Kennedy Limited that you have the full legal right, power and authority to grant to Sande Kennedy Limited the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. Sande Kennedy Limited does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Web site user submissions to thesun.co.ke do not represent the views of thesun.co.ke , Sande Kennedy Limited, or any individual associated with thesun.co.ke or Nyosake Limited. In no event shall you represent or suggest, directly or indirectly, Sande Kennedy Limited endorsement of user submissions. Sande Kennedy Limited does not vouch for the accuracy or credibility of any content submitted by users on our Sande Kennedy Limited Web pages, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on thesun.co.ke .
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(A) thesun.co.ke contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of thesun.co.ke are protected by Kenya copyright laws as a collective work and otherwise. Sande Kennedy Limited owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by Sande Kennedy Limited, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Sande Kennedy Limited and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(B) Sande Kennedy Limited may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of thesun.co.ke . Accordingly, Sande Kennedy Limited has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of thesun.co.ke , are those of the respective author(s) or distributor(s) and not of thesun.co.ke or Nyosake Limited. Neither Sande Kennedy Limited nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Sande Kennedy Limited neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on thesun.co.ke by anyone other than authorized Sande Kennedy Limited employees acting in their official capacities. Under no circumstances shall Sande Kennedy Limited be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through thesun.co.ke .
(C) Sande Kennedy Limited respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on thesun.co.ke , you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on thesun.co.ke any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of thesun.co.ke , you automatically grant, or warrant that the owner of such material has expressly granted Sande Kennedy Limited the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual’s personal use on thesun.co.ke e . You hereby grant Sande Kennedy Limited the right to edit, copy, publish and distribute any such material made available on thesun.co.ke by you.
Conduct on thesun.co.ke
(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with thesun.co.ke , you agree to abide by the following rules of conduct:
- You agree not to post or transmit through thesun.co.ke any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
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- You agree not to post or transmit through thesun.co.ke any material that contains or advocates pornography, pedophilia , incest or bestiality;
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- You agree not to post or transmit through thesun.co.ke any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to post or transmit through thesun.co.ke any vulgar or obscene language or images;
- You agree not to post or transmit through thesun.co.ke , without Sande Kennedy Limited express prior approval, material which contains advertising or any solicitation with respect to products or services;
- You agree not to post or transmit through thesun.co.ke , any software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to post or transmit through thesun.co.ke material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- You agree not to upload, post, or otherwise make available on thesun.co.ke Web pages any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by Sande Kennedy Limited, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on thesun.co.ke Web pages;
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- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of thesun.co.ke Web pages, use of the Web pages, or access to the Web pages;
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by thesun.co.ke ; and
- You agree not to use any service, technology or automated system to artificially inflate the page views that your thesun.co.ke receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
- You agree not to use any technology, service or automated system to post more thesun.co.ke than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
- Any conduct that in Sande Kennedy Limited sole discretion restricts or inhibits anyone else from using or enjoying thesun.co.ke will not be permitted. Sande Kennedy Limited reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. Sande Kennedy Limited is not responsible for material submitted to thesun.co.ke or posted in chat rooms, on bulletin boards or on other forums by users of thesun.co.ke .
(B) The foregoing provisions of this Section 7 are for the benefit of Sande Kennedy Limited, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The decision by thesun.co.ke to monitor and/or modify the content of thesun.co.ke does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of thesun.co.ke in connection with or arising from use by you of thesun.co.ke or participation in any online forums or interactive features of thesun.co.ke
Third-Party Links, Sponsors and Frames
(A) thesun.co.ke may provide links to other World Wide Web sites or resources. Because Sande Kennedy Limited has no control over such sites and resources, you acknowledge and agree that Sande Kennedy Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sande Kennedy Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.
(B) thesun.co.ke may contain commercial images and/or links to sponsors of thesun.co.ke . Sande Kennedy Limited is not responsible or liable for the content of those images and/or links.
(C) No third party may use framing technologies or functionalities to contain any content provided by thesun.co.ke , for purposes either commercial or non-commercial, without express prior and written consent from Sande Kennedy Limited.
(D) No third party may provide links to any content within thesun.co.ke without the express prior written consent from Sande Kennedy Limited.
Disclaimer of Warranty; Limitation of Liability
(A) You expressly agree that use of thesun.co.ke is at your sole risk. Neither thesun.co.ke , its affiliates nor any of their respective employees, or agents warrant that thesun.co.ke will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of thesun.co.ke , or as to the accuracy, reliability or content of any information, service, or merchandise provided through thesun.co.ke .
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Sande Kennedy Limited IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF thesun.co.ke OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL Sande Kennedy Limited, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING thesun.co.ke , BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE thesun.co.ke , NOR SHALL Sande Kennedy Limited, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING thesun.co.ke BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO thesun.co.ke , AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON thesun.co.ke .
(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER STANDARD DIGITAL, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN thesun.co.ke , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER thesun.co.ke , NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) Sande Kennedy Limited disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing thesun.co.ke , you acknowledge and agree to Sande Kennedy Limited s disclaimer of any such liability. If you do not agree, you should not access or use thesun.co.ke .
You agree to defend, indemnify and hold harmless Sande Kennedy Limited, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of thesun.co.ke by you or your Account by you or any other person using the Account. Sande Kennedy Limited reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section . In such event, you shall provide Sande Kennedy Limited with such cooperation as is reasonably requested by Sande Kennedy Limited.
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- Payment Conditions
Stories will be considered for payment on approval from thesun.co.ke Editor.
Among other factors, a story is considered for payment depending on;
Picked from the site to print media Sande Kennedy Monthly Review News Magazine
Aired on Sande TV
Other conditions as approved by the editor
Note that the above conditions do not automatically qualify a story for payment. Approval for payment is at the discretion of the editor.
He/She has the right to discredit a story from payment