Mwafrikah.com Terms of Use
Welcome to Mwafrikah.com, the online platform, mobile applications, and digital services provided by Mwafrikah.com, (“Mwafrikah.com,” “we,” or “us”). This document outlines the conditions under which you may access and utilize our website, mobile services, and associated software (collectively referred to as the “Service”). By engaging with the Service, you acknowledge that you have reviewed, comprehended, and agreed to be bound by this Terms of Use Agreement (“Agreement”), as well as the data collection and usage practices detailed in the Mwafrikah.com Privacy Policy, irrespective of whether you are a registered user.
PLEASE REVIEW THIS AGREEMENT THOROUGHLY TO ENSURE FULL UNDERSTANDING OF ALL TERMS. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE THAT MANDATES INDIVIDUAL ARBITRATION FOR DISPUTE RESOLUTION, EXCLUDING JURY TRIALS OR CLASS ACTIONS.
Utilization of Our Service
Mwafrikah.com serves as a platform where individuals can acquire skills and share practical knowledge with others. Our mission is to develop the world’s most valuable instructional resources, enabling global access to learning opportunities. We value the contributions you make to enhance the Service.
A. Eligibility
Access to the Service is permitted only if you are capable of entering into a legally binding contract with Mwafrikah.com and adhere to this Agreement along with all relevant local, state, national, and international laws. The Service is inaccessible to individuals previously barred by Mwafrikah.com. Usage by individuals under 13 is strictly forbidden and constitutes a breach of this Agreement, unless a signed parental or guardian consent form is provided, available here.
B. Mwafrikah.com Service
Under the terms of this Agreement, you receive a non-exclusive, limited, non-transferable, and revocable license to use the Service as per its available features. Mwafrikah.com reserves the right to revoke this license at any time with or without cause. Additionally, Mwafrikah.com grants users a license to utilize text from articles on the Service, subject to the Creative Commons CC BY-NC-SA 3.0 License terms, allowing non-commercial use with proper attribution. Full license details are available here. All rights not explicitly granted remain reserved by Mwafrikah.com.
C. Mwafrikah.com Accounts
An Mwafrikah.com account unlocks access to services and features we may offer at our discretion. If you create an account on behalf of an entity, you affirm that you are an authorized representative with the power to bind the entity to this Agreement. Linking a third-party service to Mwafrikah.com authorizes us to access and store related information and login credentials as permitted by that service.
Unauthorized use of another user’s account is prohibited. You are accountable for all activities on your account and must safeguard your password, preferably using a strong combination of letters, numbers, and symbols. Promptly notify Mwafrikah.com of any security breaches. Mwafrikah.com will not be liable for losses due to unauthorized access.
You can manage your profile and interaction preferences via the Settings menu. Providing your email address consents to receiving Service-related communications, including legally required notices, via email. We may also send updates or offers, which you can opt out of through Settings. Opting out may limit receipt of important updates.
D. Service Rules
You agree to avoid the following: sending unsolicited emails or spam; compromising system integrity or security; imposing excessive loads on our infrastructure; uploading malicious software; collecting personal data; impersonating others; disrupting Service operations; accessing content via unauthorized means; or circumventing access restrictions.
Search engines or robots republishing significant Mwafrikah.com content must: use a descriptive user agent; provide attribution to Mwafrikah.com; adhere to robots.txt; and offer contact information. Mwafrikah.com may modify, suspend, or terminate the Service or your access without notice or liability, including for Agreement violations. Post-termination, this Agreement remains binding.
You are solely responsible for interactions with other users. Mwafrikah.com may monitor disputes but is not obligated to and assumes no liability for user interactions.
User Content
The Service allows posting of profiles, instructional materials, photos, comments, and other content (“User Content”). Mwafrikah.com claims no ownership over your User Content, which remains yours, but by sharing it, you permit others to view, edit, or share it per this Agreement (see “User Content License Grants” below). Mwafrikah.com may remove User Content at its discretion.
Prohibited User Content includes material that risks harm, constitutes a crime, contains illegal or offensive content, infringes rights, or is inaccurate. You ensure your User Content complies with third-party rights, including Intellectual Property Rights (patents, copyrights, trademarks, etc.). Mwafrikah.com may reject or remove non-compliant content but is not obligated to. Publishing on the Service does not replace official copyright registration.
You affirm that: identifiable persons in your User Content have consented to its use; your Content and its use by Mwafrikah.com comply with laws and rights; no guild fees apply; and your information is truthful.
Mwafrikah.com is not liable for User Content and acts only as a passive conduit. Exposure to unsuitable content is possible, and Mwafrikah.com disclaims liability for related damages.
User Content License Grants
A. License Grant to Mwafrikah.com
Posting User Content grants Mwafrikah.com a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, distribute, and create derivatives of your Content for Service-related purposes, including promotion. You retain ownership and may distribute it freely.
B. License Grants to Users
(1) Text Content: Text is sublicensed under the Creative Commons CC BY-NC-SA 3.0 License for non-commercial use with attribution, supporting our mission. Review license terms here. You retain all rights to distribute your text.
(2) Image Content: Uploaded images are distributed under selected licenses, with rights granted to users per those terms.
Third-Party Content: YouTube Videos
Some pages feature YouTube videos via the YouTube API, governed by YouTube’s Terms of Service, available on their website.
Our Proprietary Rights
Except for your User Content or licensed text, all Service materials (software, images, logos, etc.) and Intellectual Property Rights are owned by Mwafrikah.com and its licensors. No license is implied, and unauthorized use is prohibited.
Ideas
Submitting comments or ideas to improve the Service is voluntary. Mwafrikah.com may use these without compensation or confidentiality, without waiving rights to similar ideas from other sources.
Mwafrikah.com Property
Certain features may offer reputational indicators (“Mwafrikah.com Property”), a limited license revocable at our discretion with no monetary value. You do not own your account or data on our servers, which may be altered or deleted without liability.
Medical Information
Medical content on the Service is not advice or a substitute for professional care. Seek immediate medical help for emergencies and consult healthcare professionals for treatment. The Service is not regulated by medical authorities.
Legal Information
Legal content is informational only, not advice, and does not create an attorney-client relationship. Consult a licensed attorney for legal claims. The Service is not regulated by bar associations.
Privacy
Using the Service consents to data handling per our Privacy Policy, processed in the United States.
Security
We prioritize data security but cannot guarantee against unauthorized access. You assume this risk.
DMCA Notice
Mwafrikah.com respects copyright and complies with the DMCA. Report infringements to:
Attn: DMCA Notice
Mwafrikah Digital.
Address: P.O. Box 2597, 40200 Kisii, Kenya
Telephone: +254799232381
Email: [email protected]
Include: a signature, copyrighted work identification, infringing material location, contact details, a good-faith belief statement, and a penalty-of-perjury accuracy statement. Misrepresentation may lead to penalties.
This process addresses copyright claims, complying with 17 U.S.C. §512(c). Repeat infringers may be terminated.
Third-Party Links
The Service may link to third-party sites, including Amazon affiliates, where commissions may be earned. Mwafrikah.com is not responsible for these sites or transactions.
Indemnity
You agree to defend and hold Mwafrikah.com and its affiliates harmless from claims arising from your use of the Service, violations, or User Content.
No Warranty
The Service is provided “as is” with no warranties, express or implied, to the extent permitted by law. Mwafrikah.com disclaims liability for accuracy, availability, or damages.
Limitation of Liability
Mwafrikah.com’s liability is limited to the amount paid or $100, whichever is greater, excluding special damages where prohibited by law. This applies to all claims.
The Service operates from the U.S., and use outside the U.S. complies with local laws. Embargoed countries are restricted.
Governing Law and Arbitration
A. Governing Law
The Service is based in California, governed by its laws, excluding conflict rules. Jurisdiction lies in Santa Clara County courts for equitable relief.
B. Arbitration
Disputes must first be addressed informally at [email protected]. Unresolved claims go to AAA arbitration in Santa Clara County, unless agreed otherwise, with each party covering fees. Courts may grant equitable relief. Claims are individual, not class-based, waiving jury trials.
General
A. Assignment
You cannot assign this Agreement; Mwafrikah.com may assign freely.
B. Notification Procedures and Changes
Notifications may be emailed or posted online. We may update this Agreement, with changes noted by the ‘last modified’ date. Continued use accepts updates.
C. Entire Agreement/Severability
This Agreement is complete, with invalid provisions not affecting others.
D. No Waiver
Non-enforcement does not waive rights.
E. Contact
Reach us at [email protected] for questions.