Terms & Conditions of Service for using NewsTurkana.com Website
THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE NewsTurkana WEB SITE OR ANY PART THEREOF ( NewsTurkana.com WEB SITE).
| DEFINITIONS AND INTERPRETATION | ||||
| a. | References herein to the NewsTurkana web site or content shall include any part thereof; | |||
| b. | References herein to User(s) means any person who access the News Turkana web site, notwithstanding the fact that such a person only visited the home page of the NewsTurkana web site; | |||
| c. | References herein to the singular includes the plural and vice versa | |||
| 1. | GENERAL | |||
| 1.1 | The NewsTurkana, is one of the leading online news service, provides groundbreaking Multiple newsffrom different sources around the globe. | |||
| 2. | ALLOWED USE AND LICENSE | |||
| 2.1. | Global News licenses the User to use the content of the NewsTurkana web site, provided that: | |||
| 2.1.1 | such content is used for personal, educational and/or non-commercial purposes only; and | |||
| 2.1.2 | any reproduction of content from the NewsTurkana
web site includes the following copyright notice: ©Turkana County News Online 2023. ALL RIGHTS RESERVED. |
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| 2.2 | Content from the NewsTurkana web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of NewsTurkana. | |||
| 2.3 | Users may only access and use the NewsTurkana web site for legal purposes. | |||
| 2.4 | Use of content from the NewsTurkana web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service: | |||
| 2.4.1 | does not copy or provide the whole article, as it appears on the NewsTurkana web site, but only provide a short summary of the contents of the article; | |||
| 2.4.2 | acknowledges NewsTurkana as the source of the content; | |||
| 2.4.3 | provides a correct and working hyperlink to the source of the content or article on the NewsTurkana web site; | |||
| 2.4.4 | acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the NewsTurkana web site; and | |||
| 2.4.5 | includes the date upon which the content was sourced from the NewsTurkana web site in the summary of the content. | |||
| 2.5 | The caching of the NewsTurkana web site shall only be allowed if : | |||
| 2.5.1 | The purpose of the caching is to make the onward transmission of the content from the NewsTurkana web site more efficient; | |||
| 2.5.2 | The cached content is not modified in any manner whatsoever; | |||
| 2.5.3 | The cached content is updated at least every 12 (twelve) hours; and | |||
| 2.5.4 | The cached content is removed or updated when so required by NewsTurkana.com | |||
| 2.6 | If any person uses content from the Global News.co.ke web site in breach of the provisions detailed herein: | |||
| 2.6.1 | NewsTurkana reserves the right to claim damages from such person; and | |||
| 2.6.2 | NewsTurkana shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party. | |||
| 2.7 | Hyperlinks to the NewsTurkana web site from any other source shall be directed at the home page of the NewsTurkana web site. NewsTurkana shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the NewsTurkana web site, if such content was accessed through a hyperlink not directed at the home page of the NewsTurkana web site. Persons that wish to link to content beyond the home page of the NewsTurkana web site shall do so at their own risk and undertake to indemnify NewsTurkana against any loss, liability or damage that may result from content on the NewsTurkana web site, if such content was accessed through a hyperlink not directed at the home page of the NewsTurkana web site.NewsTurkana ’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions. | |||
| 2.8 | Users may quote small and reasonable amounts of content available from the NewsTurkana web site only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote. | |||
| 2.9 | No person may frame the NewsTurkana web site, in any manner, without the prior written consent of NewsTurkana | |||
| 2.10 | Apart from bona-fide search engine operators and use of the search facility provided on the NewsTurkana web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the NewsTurkana web site for any purposes, without the prior written consent of TurkMediaHub Ltd | |||
| 2.11 | All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by NewsTurkana at any time without giving reasons therefore. | |||
| 3. | INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE | ||
| 3.1 | All intellectual property on the NewsTurkana web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to NewsTurkana and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the NewsTurkana web site are expressly reserved. | ||
| 3.2 | “NewsTurkana” is a registered business name and Users agree not to use the NewsTurkana trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to TurkMediaHub Ltd at the cost of the User. The website or domain name of the NewsTurkana is www.newsturkana.com | ||
| Access to the services and content available from the NewsTurkana Web site is classified as “electronic transactions” | |||
| 3.2.1 | The web site addresses of the NewsTurkana web site is [email protected] | ||
| 3.2.2 | Membership of self-regulatory or accreditation bodies: NewsTurkana is a member of the Online Ethics Council. | ||
| 3.2.3 | Codes of conduct to which the NewsTurkana web site subscribes: NewsTurkana’s editorial policy is aligned to practises of the constitution of the Republic of Kenya ; | ||
| 3.2.4 | Management: The identities and contact details of the NewsTurkana | ||
| 3.2.5 | Costs: Access to content on the NewsTurkana Web site is free to any person who subscribes to these terms and conditions. Notwithstanding the aforegoing, NewsTurkana, may in future, charge fees for access to the NewsTurkana Web site; | ||
| 3.2.6 | User may lodge complaints concerning the NewsTurkana web site with [email protected], or the Communication Authority of Kenya (CAK) | ||
| 6. | CHANGES AND AMENDMENTS | ||||
| NewsTurkana expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice: | |||||
| 6.1 | change these terms and conditions; | ||||
| 6.2 | change the content and/or services available from the NewsTurkana; | ||||
| 6.3 | discontinue any aspect of the NewsTurkana web site or service(s) available from the NewsTurkana web site; and/or | ||||
| 6.4 | Change the software and hardware required to access and use the NewsTurkana web site. | ||||
| NewsTurkana shall not disclose personal information from Users unless the User consents thereto; | |||||
| NewsTurkana shall disclose information without the User’s consent only through due legal process; and | |||||
| NewsTurkana may compile, use and share any information that does not relate to any specific individual. | |||||
| 8. | HYPERLINKS TO THIRD PARTY SITES | ||||
| NewsTurkana may provide hyperlinks to web sites not controlled by Global News.co.ke and such links do not imply any endorsement, agreement on or support for the content of such target sites. NewsTurkana does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites. | |||||
| 9. | SECURITY | |
| NewsTurkana shall take all reasonable steps to secure the content of the NewsTurkana web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, NewsTurkana does not make any warranties or representations that content shall be 100% safe and secure. | ||
| NewsTurkana is under no legal duty to encrypt any content or communications from and to the NewsTurkana web site and is also under no legal duty to provide digital authentication of any page on the NewsTurkana web site. | ||
| 9.3 | Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the NewsTurkana web site or the server and computer network that support the NewsTurkana web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the NewsTurkana web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold NewsTurkana harmless against any and all liability, damages and losses NewsTurkana and its partners / affiliates may suffer as a result of such damaging code. | |
| 10. | DISCLAIMER AND LIMITATION OF LIABILITY | ||
| . | 10.1 | Subject to the CAK law , the NewsTurkana (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from: | |
| 10.1.1 | access to the NewsTurkana web site; | ||
| 10.1.2 | access to web sites linked to the NewsTurkana Web site; | ||
| 10.1.3 | inability to access the NewsTurkana web site; | ||
| 10.1.4 | inability to access web sites linked to the NewsTurkana web site; | ||
| 10.1.5 | content available on the NewsTurkana web site; | ||
| 10.1.6 | services available from the NewsTurkana web site; | ||
| 10.1.7 | any other reason not directly related to NewsTurkana’s gross negligence. | ||
| 10.2 | The NewsTurkana web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with NewsTurkana, that the content and services available from and through the NewsTurkana web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software. | ||
| 10.3 | Information, ideas and opinions expressed on the NewsTurkana web site should not be regarded as professional advice or the official opinion of NewsTurkana and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the NewsTurkana web site. | ||
| 10.4 | This web site is directed primarily at Users in the Republic of Kenya and to some extent beyond Africa and therefore NewsTurkana shall not, as far as allowed by Kenyan law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of Kenya. | ||
| 10.5 | NewsTurkana sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and NewsTurkana only serves as an electronic distribution platform for such third party content. Therefore NewsTurkana shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the NewsTurkana web site not created by NewsTurkana or its employees. | ||
| 10.6 | NewsTurkana does not make any warranties or representation that content and services available from the NewsTurkana web site will in all cases be true, correct or free from any errors. NewsTurkana shall take all reasonable steps to ensure the quality and accuracy of content available from the NewsTurkana web site. | ||
| 10.7 | NewsTurkana does not make any warranties or representations that the NewsTurkana web site will be available at all times. Users acknowledge that the NewsTurkana web site may be unavailable due to updates or other causes beyond the reasonable control of NewsTurkana, including, but not limited to virus infection, power failure or other “acts of God”. | ||
| 11. | REMOVAL AND CORRECTION OF CONTENT |
| Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the NewsTurkana web site to [email protected] and NewsTurkana undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content. |
| 12. | POSTINGS/COMMENTS | |
| These Terms and Conditions of Use constitute the entire agreement between NewsTurkana website and you, the user of this website. Any failure by NewsTurkana™ to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision. | ||
| 12.1 | Users may post their personal opinions, messages and ideas to the NewsTurkana web site and discussion forums available on the NewsTurkana web site. | |
| 12.2 | Users undertake not to post content to the NewsTurkana web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and NewsTurkana reserves the right to remove such content in terms of clause 11 above. | |
| 12.3 | Only comments related to the article, are in English and make sense shall be allowed on the article. | |
| 12.4 | The User indemnifies and holds NewsTurkana harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the NewsTurkana web site. | |
| 13 | . INTERCEPTION OF COMMUNICATIONS | |
| 13.1 | User agree to NewsTurkana’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the NewsTurkana web site or its staff and employees. | |
| 14. | . ENTIRE AGREEMENT AND SEVERABILITY | |
| 14.1 | These terms and conditions constitute the entire agreement between NewsTurkana and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by NewsTurkana from the User. | |
| 14.2 | Any failure by NewsTurkana to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision. | |
| 14.3 | In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable. | |
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