Terms and Conditions of Use
Effective as from 1st November 2014
If you have uploaded any content to Mdundo kindly refer to the terms and conditions here: www.mdundo.com/terms/content
We’re pleased to make our Service available to you. The Mdundo Service includes social and interactive features.
In order to use the Mdundo Service, you need to (a) be 18 or older, or be 12 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Mdundo is true, accurate and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Mdundo Service and Agreements. We are unfortunately not always in a position to communicate these changes to you and therefore we recommend that you come back and read these terms every month. Changes will be highlighted on the top of the document. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Enjoying Mdundo
Here’s some information about all the ways you can enjoy Mdundo.
Mdundo account holders may access the Mdundo Service by any of our several Subscriptions:
Free Service: an ad-based, free-of-charge service;
Premium Service: a subscription fee-based service;
3.2 Codes and other Limited Offers
If you have purchased a code sold by or on behalf of Mdundo for access to the Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Mdundo (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Premium Service for a specified period without payment (a “Trial”). Mdundo reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must unsubscribe before the end of the Trial.
4. Licence and assignment
The Mdundo Service and the content provided through it are the property of Mdundo or Mdundo’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Mdundo Service and to receive the media content made available through the Mdundo Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Mdundo.
The Mdundo software applications are licensed, not sold, to you, and Mdundo retains ownership of all copies of the Mdundo software applications even after installation on your Devices. Mdundo may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All Mdundo trademarks, service marks, trade names, logos, domain names, and any other features of the Mdundo brand are the sole property of Mdundo. This Licence does not grant you any rights to use the Mdundo trademarks, service marks, trade names, logos, domain names, or any other features of the Mdundo brand, whether for commercial or non-commercial use.
5. User generated content
Mdundo users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Mdundo. This license lasts until you terminate your Mdundo account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Mdundo Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Mdundo Service and your right to object to derogatory treatment of such User Content.
Mdundo does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Mdundo’s sole discretion, violates these Agreements. Mdundo may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Mdundo is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at firstname.lastname@example.org.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Mdundo Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.
You grant Mdundo a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Mdundo Service.
These Terms are not intended to grant rights to anyone except you and Mdundo, and in no event shall these Terms create any third party beneficiary rights. Any failure by Mdundo to enforce these Terms or any provision thereof shall not waive Mdundo’s right to do so.
7. User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure Mdundo stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Mdundo respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Mdundo Services or content delivered to you via the Mdundo Services, or otherwise any making use of the Mdundo Service which is not expressly permitted under these Terms; (b) using the Mdundo service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Mdundo Services or any part thereof; (d) circumventing any technology used by Mdundo, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Mdundo; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Mdundo Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Mdundo and other users of the Mdundo Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Mdundo or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Mdundo inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Mdundo Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Mdundo’s computer systems or network, or breaches any of Mdundo’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Mdundo. You agree that Mdundo may also reclaim your username for any reason.
Please be thoughtful about what you make public on Mdundo. The Mdundo Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Mdundo or across the web, so please use Mdundo carefully and manage your account settings regularly. Mdundo has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
8. Copyright infringement
Mdundo respects the rights of intellectual property owners. For details on Mdundo’s copyright policy, please email email@example.com
9. Technology limitations and modifications
Mdundo will make reasonable efforts to keep the Mdundo Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Mdundo reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Mdundo Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Mdundo Service or any function or feature thereof. You understand and agree that Mdundo has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
10. Payments, cancellations and cooling off
If you have a Premium Subscription, your payment to Mdundo will automatically renew at the end of the subscription period, unless you cancel your Premium Subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.
Mdundo may change the price for the Premium Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Mdundo Service after the price change takes effect, you accept the new price.
11. Term and termination
These Terms will continue to apply to you until terminated by either you or Mdundo. Mdundo may terminate the Terms or suspend your access to the Mdundo Service at any time, including in the event of your actual or suspected unauthorised use of the Mdundo Service or non-compliance with the Terms. If you or Mdundo terminate the Terms, or if Mdundo suspends your access to the Mdundo Service, you agree that Mdundo shall have no liability or responsibility to you and Mdundo will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Mdundo account, please contact us through the Customer Service firstname.lastname@example.org
We endeavor to provide the best service we can, but you understand and agree that THE MDUNDO SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE MDUNDO SERVICE AT YOUR OWN RISK. MDUNDO DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Mdundo does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Mdundo Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Mdundo is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Mdundo Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Mdundo shall create any warranty on behalf of Mdundo in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Mdundo Service, the Third Party Applications or the Third Party Application content is to uninstall any Mdundo software and to stop using the Mdundo Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MDUNDO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MDUNDO SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MDUNDO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MDUNDO SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MDUNDO DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits Mdundo’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
15. Choice of law, mandatory arbitration and venue
These Agreements are subject to the laws of Kenya, without regard to choice or conflicts of law principles. Further, you and Mdundo agree to the exclusive jurisdiction of the courts of Kenya to resolve any dispute, claim or controversy that arises in connection with these Agreements.
Thank you for reading our Terms. We hope you enjoy Mdundo.
Copyright © 2014 Mdundo Limited. All rights reserved.
Mdundo Limited, Piedmont Plaza (4th Floor), 671 Ngong Road, P.O. Box 1730-00606, Nairobi.