PRELIMINARY PROVISIONS
Welcome to Our User Agreement (“Agreement”). This document includes important provisions governing the use of www.kpl.co.ke (the “Website” or “Site”). Please review the entire Agreement before accepting.
Disclaimer
1. THIS SITE INCLUDES INFORMATION ABOUT ONLINE GAMING: WE ARE JOURNALISTS WHO WRITE ABOUT GAMING, AND OFFER OTHERS AN OPPORTUNITY TO EXPRESS THEIR VIEWS AND OPINIONS. This Website does not recommend or encourage gambling, whether it is illegal or legal. This Website is a journalistic enterprise that acts as a watchdog over the online wagering industry. All sportsbook ratings are for amusement and educational purposes only, and should not be relied upon for any gambling, financial, or other transaction. If You are seeking anything other than neutral reportage on this industry, You are visiting the wrong Website and You should exit this Website immediately.
Consideration
a. Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to access Our online publication free of charge.
b. You agree that such Consideration is both adequate, and that it is received upon Your viewing any portion of Our Website.
C. What this Agreement is: This Agreement is a legal contract between You and the Publisher. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher.
D. Electronic Signatures / Assent Required: Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement can be accepted by electronic methods under the Electronic Signatures in Global and National Commerce Act (E-Sign Act), and similar laws. You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract.
If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site, despite any other actions taken by You. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You assent to this User Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisher’s services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay the Publisher $250 each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorney’s fees and costs, incurred in collecting this unauthorized access fee from You.
E. Revisions to this User Agreement:
1. From time to time, We may revise this Agreement. You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
2. We agree that if We change anything in this Agreement, We will change the “last modified date” at the top of this Agreement. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed.
3. If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
ACCESS AND LIMITED LICENSE: All Users may access certain public areas of the Site. This User Agreement covers all public and non-public areas of the Site. The Publisher grants You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. You will not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or materials You have downloaded, printed, or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
SPECIAL CONSIDERATIONS REGARDING MINORS
A. Age of Majority. In order to use the Site or any services provided by the Publisher, You must have attained the age of majority in Your jurisdiction. You represent and warrant You are at least 18 or 21 years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least 18 or 21 years of age, depending on the age of majority in Your jurisdiction, You must exit the Site immediately and may not use or access the Site or print or download any Materials from the Site whatsoever.
CONTENT
A. The text, software, images, graphics, data, messages, or other information, and any other World Wide Website owned, operated, licensed, or controlled by the Publisher is all collectively referred to as “the Materials.”
B. The Materials include links and informational content reporting on the subject of online wagering and gambling. Internet gambling is not legal in certain areas. You agree that You will consult Your local authorities or Your personal attorney prior to registering with any online wagering service. In any event, by accessing this Site, and agreeing to these terms and conditions, You are now, and forever, giving up Your right to bring any claims against Us for any cause of action related to Your use of the Site or any Website linked to on Our Site.
C. You have no right to blame the Publisher or to seek any compensation of any kind from the Publisher if You ignore the law or if You are ignorant of the law surrounding online gambling. You agree that if You play on or sign up for any online gambling links that You may find on Our Site, that You assume full responsibility for Your actions, and You will not hold the Publisher responsible for any losses, damages, or any other negative impact that may come from Your decision to gamble.
D. You acknowledge and stipulate that all of the Materials found on Our Site are fully protected by the First Amendment to the United States Constitution.
E. You are not permitted to post sportsbook ads, special promotions, enticements, or call-to-action banners that may encourage Users, readers, or viewers to join any sportsbook wagering service.
F. If You are seeking information regarding any illegal activities, please leave this Site immediately. You acknowledge that You are aware of the community standards, restrictions and requirements in Your local community, and You will only access the content on the Site if You believe that the content on the Site does not offend such standards, restrictions and requirements prevalent in Your community.
G. You agree not to use or access the Site if doing so would violate the laws of Your state, province, or country.
H. Under no circumstances, under no cause of action or legal theory, shall the owners, creators, associates or employees of this Website be liable to You or any other person or entity for any direct, indirect, special, incidental, or consequential damages of any kind whatsoever.
RESTRICTIONS ON USE OF SITE:
A. You agree that You will only use the Site for purposes expressly permitted and contemplated by this User Agreement. You may not use the Site for any other purposes without Our express prior written consent.
B. Without Our express prior written authorization, You may not:
1. Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
2. Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT “fair use”;
3. Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
4. Re-distribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT “fair use”
5. Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
6. Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
7. Use any meta-tags or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights, and You stipulate to liquidated damages of $5000 per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs.
8. Avoid agreement to the Site’s Terms & Conditions; You may only link to the main entry page;
9. Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site);
10. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or
C. You agree to cooperate with the Publisher in causing any unauthorized use to cease immediately. With respect to any areas of the Site which enable users to share information or communicate with other users, You agree not to publish, disseminate, or submit any defamatory, or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement.
D. Interference. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Publisher’s Materials or any other Materials from Our Site. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of $5000 plus any and all fees associated with recovery of these damages, including attorney’s fees and costs.
DISCLAIMER OF WARRANTY:
A. You expressly agree that use of the Site or any of the Materials contained therein is at Your own and sole risk. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials or links contained therein is done at Your own discretion and risk and that You will be solely responsible for any losses that may occur as a result.
B. The Site and all materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Information on this Site is collected from outside sources and/or is opinion and is offered “as is” without warranties of accuracy of any kind.
C. Publisher makes no representations or warranties that the Site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does Publisher make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any of the materials contained therein.
D. You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Publisher does not assume any responsibility or risk for Your use of the internet.
E. Publisher makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties.
F. Publisher may change any of the information found on this Site, including this User Agreement, at any time without notice. Site owner makes no commitment to update the information found at this Site. Site makes no commitment to update the materials.
G. The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.