Use of Skylark Websites
Except as set forth in “Other agreements; software, services or access”, below, Skylark authorizes you to use the Skylark Websites only for your own personal, non-commercial purposes. Use of the Skylark Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform or distribute the materials. As between you and Skylark, Skylark owns the Skylark Websites. The Skylark Websites are protected under Kenyan and international copyright laws. Any unauthorized use of the Skylark Websites may violate copyright, trademark and other laws. If you breach any of these Terms, your authorisation to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Skylark Websites and for paying all charges related thereto. When you register to open an account anywhere on the Skylark Websites or when you contact Skylark through the Skylark Websites for the purpose of receiving products or services, Skylark may collect certain personal information about you. Skylark’s use of such information is governed by the provisions of the Skylark Online Privacy Statement for the Site. By using our Site, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use your Skylark Websites account, you agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your Skylark Websites password and you are solely responsible for all activities that occur under your password. You agree to notify Skylark immediately of any unauthorised use of your password or any other breach of security related to the Skylark Websites.
You agree not to use the Skylark Websites (including, without limitation, any Materials or Services you may obtain through your use of the Skylark Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Skylark Websites or servers or networks connected to the Skylark Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Skylark Websites; or (y) attempt to gain unauthorised access to any portion of the Skylark Websites or any other accounts, computer systems, or networks connected to the Skylark Websites, whether through hacking, password mining, or any other means and as further detailed below.
Viruses, Hacking and other offences: You must not misuse the Skylark Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Skylark Websites, the server on which the Skylark Websites are stored or any server, computer or database connected to the Skylark Websites. You must not attack the Skylark Websites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Skylark Websites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Skylark Websites or to your downloading of any Materials posted on it, or on any website linked to it.
Except as set forth in “Other agreements; software, services or access”, below, Skylark may terminate, suspend or modify your registration with, or access to, all or part of the Skylark Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Skylark Websites at any time. If you breach any of these Terms, your authorization to use the Skylark Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
The Skylark websites are provided “as is” and “with all faults” and the entire risk as to the quality and performance of the Skylark websites is with you. Should the materials or services prove defective, you, and not Skylark, assume the entire cost of all necessary servicing and repair. Skylark expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the Skylark websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Skylark makes no warranty that the Skylark websites will meet your requirements or that the Skylark websites will be uninterrupted, timely, secure, or error free or that defects in the Skylark websites will be corrected. Skylark makes no warranty as to the results that may be obtained from the use of the Skylark websites or as to the accuracy or reliability of any information obtained through the Skylark websites. No advice or information, whether oral or written, obtained by you through the Skylark websites or from Skylark, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “the Skylark parties”) shall create any warranty. Skylark disclaims all equitable indemnities.
Limitation of liability
In no event will any of the Skylark parties be liable for (a) indirect, special, consequential, punitive, or exemplary damages whatsoever or howsoever caused or (b) any direct damages whatsoever in excess of one million Kenya Shillings (Kes.1,000,000) (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, loss or corruption of data or other intangible losses), directly arising out of or in connection with the Skylark websites (including, without limitation, use, inability to use, or the results of use of the Skylark websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Skylark party has been advised (or should have known) of the possibility of such damages.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Skylark Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Skylark Party’s liability shall be the minimum permitted under such applicable law.
Other agreements: software, services or access
Skylark may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation or training) or access to Skylark Websites under the terms of a separate agreement between you and Skylark (each, an “Other Agreement”). Skylark‘s obligations with respect to any product, service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Skylark Websites (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to Skylark Websites
Skylark reserves the right to modify, suspend or discontinue the Skylark Websites at any time without notice to you. For example, Skylark may make changes to the Materials and/or Services or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Skylark makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs or services that are not available in your country. Consult your local Skylark business contact for information regarding the products, programs and services that may be available to you.
Certain areas of the Skylark Websites (e.g.: chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant Skylark an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Skylark deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Skylark reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Skylark may, but is not obligated to, pre-screen User Submissions or monitor any area of the Skylark Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Skylark is not required to host, display, or distribute any User Submissions on or through the Skylark Websites and may remove at any time or refuse any User Submissions for any reason. Skylark is not responsible for any loss, theft, or damage of any kind to any User Submissions. Skylark does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Skylark will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Skylark does not guarantee that you will have any recourse through Skylark or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old; you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Skylark the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Skylark described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the Skylark Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Skylark Websites. Skylark is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, Skylark does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Skylark Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without Skylark’s written authorisation to the contrary, a website that links to this Site:
- may link to, but shall not replicate, any Materials (including any Skylark logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that Skylark endorses such website or any products, services or content available through such website;
- shall not misrepresent its relationship with Skylark;
- shall not present false or misleading information about Skylark, its products or its services;
- shall not contain content that could be construed as distasteful, offensive or controversial; and
- shall contain only content that is appropriate for all age groups. Skylark reserves the right to withdraw linking permission without notice.
Certain parts of the Skylark Website use “cookies” to keep track of your visit and to help you navigate between sections. A cookie is a small data file that may be stored on your computer’s hard-drive when you visit a website. Cookies can contain information such as the pages you have visited.
Skylark and any other product or service name or slogan or logo contained in the Skylark Websites are trademarks of Skylark and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Skylark or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Skylark or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of Skylark without Skylark’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Skylark and may not be copied, imitated or used (in whole or in part) without Skylark’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Skylark.
When you visit the Site or send e-mails to Skylark, you are communicating with Skylark electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures and other communications that Skylark provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the Skylark Websites, constitute the entire and exclusive and final statement of the agreement between you and Skylark with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Skylark with respect to such subject matter. The Skylark Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Skylark shall be governed by the laws of KENYA and by using this Site you submit to the exclusive jurisdiction of the KENYAN courts. The failure of Skylark to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Skylark and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Skylark Websites. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skylark without restriction.
Modifications to these Terms
Skylark may, at its sole and absolute discretion, change these Terms from time to time. Skylark will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Skylark Websites. Continued use of the Skylark Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Skylark Websites and, in such circumstances, the expressly designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Revised 27 February 2015