Welcome to the www.tapestryofkenya.com website (“Website” or “Site”), owned and operated by Tapestry of Kenya Tours and Safaris (“Tapestry of Kenya Tours and Safaris” or “TKTS”). By accessing and using this website, you agree to comply with the following terms and conditions (“Agreement”):
Modifications to Agreement:
TKTS reserves the right to modify this Agreement at any time. Your continued use of the website constitutes acceptance of any revisions. Please review this Agreement periodically for updates.
Privacy:
By accessing our website, you agree to our Privacy Policy, which outlines our practices regarding collected information. We reserve the right to update our policies at our discretion.
Use of Content and Information:
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content” or “content”) are available on the website. Some of the content is provided by us or our suppliers, and other content is provided by persons who use our website (“User”, “user”, “Users” or “users”), such as user opinions and views provided via reviews, posts to chat rooms, blogs, or message boards. While we strive to keep the content on our website accurate, complete, and up-to-date, we cannot guarantee, and are not responsible for the accuracy, completeness, or timeliness of any content, whether provided by us, our suppliers, or by our users. Any opinions, advice, statements, or other information expressed or made available by users or other third parties are those of the respective user or third party and not of us.
We do not have any obligation to prescreen, edit, or remove any content provided by users that is posted on or available through our website.
Notwithstanding the foregoing, we will have the right (but not the obligation), at our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such content.
User Generated Content:
User-generated content (“User Content” or “user content”) is information provided by our users with the intent to be published on our website (e.g., writing a review or posting on our boards). You, as our user, are responsible for all user content that you submit, post, or otherwise make available to or through our website.
We do not claim ownership of user content, but by submitting, posting, or otherwise making available to or through our website, you automatically grant us the right to use your user content in any way we desire. This includes the non-exclusive, perpetual, transferable, irrevocable right, with the right of sublicensing and without any royalty or compensation in return, to use, reproduce, adjust, translate, distribute, publish, create derivative works, disclose, and duplicate the content in all now-known media and future media. You agree we can decide if and how your user content is credited, and you also agree the user content provided may be indexed by search engines such as Google. You also grant us, and any third party appointed by us, the right to take (legal) actions as it deems necessary for the protection of the (copy)rights of your user content, including, but not by way of limitation, to take (legal) action in the name and on behalf of you.
You agree not to submit, post, or otherwise make available to or through our website any personally identifiable information about other people and/or abusive, obscene, vulgar, slanderous, hateful, threatening, sexually oriented user content or any other material. You represent and warrant to us that such user content is not confidential and that you have all necessary permission to submit, post, and otherwise make available
such user content. You agree not to submit, post, or otherwise make available to or through our website any commercial, advertising, promotional, or spam-like user content or any other material. You also agree not to submit, post, or otherwise make available to or through our website any user content that may violate any laws be it of your country, the Netherlands, any other country, or international law. Violating any of these conditions may lead to you being immediately and permanently banned- with notification to your Internet Service Provider if deemed required by us, and we could
decide to take other legal action. You agree that we have the right to remove, edit, move, or close your account and/or any user content at any time should we see fit.
Ownership and Intellectual TKTS. All rights and interest in the content available via the website, the website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the website and the website URL are the property of Tapestry of Kenya Tours and Safaris or its licensors and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. You may not use any content available via the website in any manner or for any purpose without the prior written permission of us or, if applicable, our licensors. All rights not expressly granted in this Agreement are expressly reserved.
Customer contact with advertisers and 3rd parties:
Your dealings with advertisers or other third parties found on or accessible through our website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items such as safari tours if any, and any terms, conditions, warranties, or representations associated with such dealings. Your access and use of such sites, including the content,
items, or services on those sites, is solely at your own risk. We do not make any representations or warranties with respect to any content or privacy practices or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on our website.
Disclaimer of Warranties:
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TKTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
TKTS DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TKTS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
Limits of Liability:
TKTS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT TKTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL TKTS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT TKTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification:
You agree to indemnify and hold harmless TKTS, its directors, officers, employees, owners, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the user content you submit, post, or transmit through the website.
Your TKTS Account:
You are responsible for maintaining the confidentiality of any passwords associated with your account on our website, monitor all activity under the account, and assume full responsibility for all activities that occur under your account.
Modification or Suspension of the website:
We may at any time modify, discontinue, or suspend the operation of our website, or any part thereof, temporarily or permanently, without notice to you.
Change of Ownership:
If we are in the process of selling our company, our website, or substantial parts of our business, you agree we may disclose and/or transfer your personally identifiable information as well as other information to the (potential) new owner so they can better value our business and, if sold, continue to operate the service this website provides. This will also be the case if the new owner is a foreign company, organization, or
individual. You also agree that in the case the ownership of our company or website changes the rights, obligations, and restrictions you have towards us, as outlined in this agreement, will be transferred to the new owner without notice to you and you accept the new owner as your new counter-party in this Agreement.
Termination and Severability of this Agreement:
Either party may terminate the Agreement for any or no cause, at any time, by giving 7 days notice which shall be effective after the stated notice period. After termination, you shall no longer access our website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely. Suppose any provision of the Agreement is found by a court or other binding
authority to be invalid. In that case, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Dispute Resolution:
In the event of any dispute or disagreement arising from this Agreement, either party may give notice in writing of evidence of such dispute or disagreement and the parties shall endeavor to resolve such dispute or difference through bona fide negotiations. In the event of any dispute, controversy or claim arising out of or relating to this Agreement or termination hereof (including without prejudice to the generality of the
foregoing, whether in its interpretation, application, implementation, existence, validity or termination) the parties shall first seek settlement of the dispute by Mediation. In the event of any dispute, controversy or claim arising out of or relating to this Agreement or termination hereof (including without prejudice to the generality of the foregoing, whether in its interpretation, application, implementation, existence, validity, or termination), the parties shall first seek settlement of that dispute by Mediation.
Applicable Law:
This Agreement and the resolution of any dispute related to this Agreement or the website shall be governed by and construed by the laws of Kenya without giving effect to any principles of conflicts of law. Any legal action or proceeding between TKTS and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Kenya and you agree to submit to the personal and exclusive jurisdiction of such courts.
Complaints:
For making complaints regarding copyright infringement of our content or regarding our content in general, please send an email to [email protected]. If you have any suggestions or remarks about this Agreement, please send an email to:
[email protected].
