Please read these General Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the kitokongo website (“Service”, “Website”) operated by kitokongo (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
1. Intellectual Property Rights
All content, including but not limited to text, images, graphics, logos, and videos, available on the Website is the property of kitokongo or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. Users are granted a limited license to access and use the Website for personal, non-commercial purposes, subject to these Terms.
2. User Conduct
Users agree not to engage in any activities that:
- Violate applicable laws and regulations;
- Infringe upon the intellectual property rights of kitokongo or any third party;
- Involve the transmission of false or misleading information, or any form of unsolicited advertising or promotion;
- Interfere with, or disrupt, the operation of the Website, including the introduction of viruses, malware, or any other harmful elements.
3. User-Generated Content
Users may have the opportunity to post, submit, or otherwise transmit content, such as reviews or comments, on the Website. By providing such content, users grant kitokongo a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Users also represent and warrant that they own or control all rights to the content they provide, and that the content does not violate these Terms or any applicable laws and regulations.
kitokongo reserves the right, but has no obligation, to monitor, edit, or remove user-generated content at its sole discretion.
4. Third-Party Websites and Services
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by kitokongo. Users acknowledge and agree that kitokongo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users are encouraged to read the terms and conditions and privacy policy of any third-party website or service that they visit.
5. Limitation of Liability
In no event shall kitokongo, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
6. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or the use of the Service shall be resolved through negotiation,
mediation, or, if necessary, arbitration or litigation. Users agree to submit to the exclusive jurisdiction of the courts located in the applicable jurisdiction to resolve any legal matter arising from the Terms.
7. Changes to Terms and Conditions
kitokongo reserves the right, at its sole discretion, to modify or replace these Terms at any time. Users will be notified of any changes by an update on the Website or through other appropriate communication channels. By continuing to access or use the Service after those revisions become effective, users agree to be bound by the revised terms.
8. Termination
kitokongo reserves the right to terminate or suspend access to the Service, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Indemnification
Users agree to defend, indemnify, and hold harmless kitokongo, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including attorney’s fees, arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
- Any claim that your user-generated content caused damage to a third party.
10. Contact Information
If you have any questions about these Terms, please contact us at contact@kitokongo.art or by using the contact information provided on the Website.
By using the kitokongo website, you acknowledge that you have read and understand these General Terms and Conditions and agree to abide by them.