Terms and Conditions
Please take your time to read these terms and conditions.
These terms and conditions apply to the use of any website, email, app or social media account owned, operated and provided by N.E trading as kenyanstream. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
In these terms and conditions, the expressions "We", "Us" and "Our" is a reference to Kenyan Stream (website and all associated media platforms). "You" or "You" or "Your" refers to any other user of this website.
Terms and conditions of use
By using this website you agree to abide by and be contractually bound by the following terms and conditions:
(a) that you are 18 years old or older;
(b) not to impersonate any other person;
(c) not to post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
(d) that we do not accept any liability for the accuracy or content of any material posted on the web site.
(e) that all information provided by us in our web site is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
(f) that we do not make any representations or warranties that the information we provide in the website is reliable, accurate or complete or that your access to the web site will be uninterrupted, timely or secure;
(g) that users of this website may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material;
(h) that you agree to make your own inquiries and seek independent advice from relevant industry professionals and statutory authorities before posting any information on the website or acting or relying on any information or material which appears in the website;
(I) that we do not accept any responsibility or liability for, nor do we endorse, any information or material which you submit to the web site, nor do we accept any responsibility for any use or misuse which you make of information or material which you submit to the web site;
(j) that we are not liable for any loss or damage, however caused, arising from any action taken or reliance made by you on any information or material posted by us;
(k) that we are not liable for any loss or damage, however caused, arising from your downloading of material from this website or subsequent use of the material downloaded from this website; or any use of this website or any websites linked to this website;
(l) that we do not warrant that we will post your information or material in the web site. If we elect in our sole discretion to post your information or material in the web site, we do not warrant that the material or information you submit will be posted within a certain timeframe;
(m) that we offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content to our subscribers and site visitors;
(n) that we do not accept any responsibility or liability for any information or material which you submit to the web site, nor do we accept any responsibility for any use or misuse which may be made of information or material which you submit to the web site. Further, we do not warrant that any material you submit to the web site will be protected against loss, misuse or alteration by third parties;
(o) that we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site;
(p) to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty (for example australian consumer law (of which we are compliant)), and that legislation prohibits us from excluding or modifying our liability under any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty to one or more of the following: if the breach relates to our advertising services, (I) the supplying of the services again or (ii) the payment of the cost of having the services supplied again;
(q) that we do not warrant that we will respond to questions or comments submitted to our web site;
(r) anyone (including kenyanstream.com) is able to share a link to kenyanstream.com content anywhere on the internet;
(s) only kenyan stream shall have the right to re-post images or content (including advertiser images and content) across social media accounts and other platforms that we manage. For the avoidance of doubt, website users (other than the owner of those images) must not re-post or reproduce images or content from the kenyanstream.com website;
(t) not to post material or information as outlined in the section below titled "Offensive material";
(u) not to publish more than one of the same advertisement (with the exception of touring ads);
(v) that any opinions, statements, advice, offers, or other information incorporated into ads, testimonials or reviews ("Creative works") are those of the respective website user and not Kenyan Stream and by posting any of the aforementioned, you grant kenyanstream an non-exclusive licence to publish these creative works and use them for advertising and promotional purposes;
(w) that any material you publish on Kenyan Stream does not violate any conditions imposed upon it by any terms and conditions on the kenyanstream.com website or any of its associated web or social media sites ; that you have all and full licences, rights and consents of all parties connected to the published material; that you have, will keep and will make available upon a reasonable request by us, all necessary records of said licences, rights and consents; that you take sole responsibility and retain ownership of the published content but grant Kenyan Stream a royalty-free, sub-licensable, perpetual, transferrable, irrevocable, non-exclusive, world-wide licence to use, modify, publish, reproduce, edit, translate, list information regarding, distribute, publicly display, publicly perform, and make derivative works of all such published material for the purpose of publishing said material on our websites, including without limitation for promoting and redistributing part of or all of the site (and derivative works) in any media formats through any media channels. You also grant each user of our sites a non-exclusive licence to view and access your published material through our sites. Should your material be removed from our site or sites then, within a commercially viable time frame, all licences to each user and kenyanstream.com ads terminates.
(x) that Kenyan Stream will not be responsible for nor does it have any control over third party payment gateways that may be used on its site. You acknowledge and agree that kenyanstream.com will not be liable for any damage or loss arising out of the use of any third party gateway and that is your responsibility to read and understand the terms and conditions of any third party gateway before using them;
(y) that kenyanstream.com reserves the right to censor, or remove all or part of any user content published on site without notice and at anytime if you breach any of our terms. We reserve the right (but assume no obligation) to edit, delete or retract any user content that we consider inappropriate or unacceptable or for any reason that we deem fit, that we disclose at our sole discretion and convenience. Any decision made by kenyanstream.com is final.
Linked web sites
This web site may contain links to other web sites ('linked web sites'). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites. Access to these websites is at your own risk.
Social media and other kenyanstream' platforms
As an advertiser with kenyanstream you agree for us to promote you and/or your content from time to time, at our sole discretion, across any of the kenyanstream platforms including but not limited to our social media accounts. You hereby agree that you understand your information will remain on our social media networks after your ad is removed from our website. If you wish to have any previous social media posts pertaining to your advertisement on kenyanstream.com removed you must supply us with the relevant url and will remove the link from any mediums we control.
Third party sites
You hereby acknowledge that even after your advertisement is cancelled with kenyanstream and removed from our website your ad information may still be viewable on third party sites that have indexed kenyanstream sites, apps, or social media platforms. You acknowledge that we will not be responsible for removal of this content.
Amendments to terms and conditions
We reserve the right to amend, vary or modify these terms and conditions from time to time, using our sole discretion and without notice. Amendments to these terms and conditions will be effective immediately upon notification on this web site and your continued use of the web site will represent an agreement by you to be bound by the terms and conditions as amended. We may, without notice, terminate or suspend this website or any part of the website at any time.
Browsing of the website is free, however you may only browse if you are eighteen (18) years old or over. In order to create and post your profile on the website, you must become a member. To become a member, you must register your details in the manner described on the web site. Upon registration, you will be provided with a password and account designation. We reserve the right to terminate your membership without notice at any time if you breach applicable laws or these terms and conditions. By becoming a member you hereby agree to be solely responsible and absolve us of any responsibility, for ensuring that you advertisement is compliant with all relevant kenyan and international laws in which you as an advertiser provides or advertises your services and that you hold all consents, approvals and licences necessary to lawfully advertise and provide the services you advertise in any place that you advertise or provide your services. Any illegal material posted including but not limited to pedophilic or material concerning sex trafficking will be reported to the police. We will also provide any information or data that we can do assist the police or competent authorities in such cases.
Kenyanstream.com provides an image verification process . Participation is optional. Just because an ad has not been verified does not imply that it is false. Advertisers hereby agree to never provide misleading or false images or information as a part of this verification process (or at any time when dealing with us). We use our best endeavours as outlined in our verification process page to judge whether the verification image reflects the image that the advertiser wishes to display on site. We may use other methods at our disposal to verify images. You agree that you will make your own judgement about whether to proceed with a booking and that kenyanstream are not responsible in anyway by your reliance on our "Verified photo" seal superimposed on an image.
Any prizes or offers promised to you will expire 30 days after you have been notified. It will be deemed that you have been notified as soon as kenyanstream.com contacts you via any method including but not limited to email, text message or via any electronic social media or chat platform. To redeem your prize please reply to us via the method we used to contact or otherwise via email to email@example.com. Kenyanstream.com reserves the right to determine competition winners in the manner it sees fit (in its sole discretion) also reserves the right to cancel any competition or prize offer at any time, in its sole discretion by giving notice by any means it deems fit.
User accounts, that kenyanstream deems dormant (this is usually after 12 months of inactivity (however kenyanstream.com reserves the right to deem an account dormant in its sole opinion)), may be permanently deleted (and any associated account balances of any description removed/zero'd).
At kenyanstream we take our responsibility to comply with all anti-discrimination laws seriously. We and any user of our website agrees to take all reasonable steps to comply with all anti-discrimination laws. If you believe any aspect of our website or services contravene anti-discrimination laws, please contact us at firstname.lastname@example.org and we will resolve the issue.
Kenyanstream.com defines offensive material as:
(I) any material or information which constitutes the transmission, storage, sale, dissemination or hosting of any material that is unlawful, defamatory, violent, libelous, obscene, lewd, highly offensive, harassing, disparaging, indecent, threatening, abusive, harmful, inflammatory, liable to incite racial hatred, invasive of privacy or publicity rights, in breach of confidence, unsolicited, unauthorised, that infringes on intellectual property or other rights of any person or is othwerwise objectionable;
(ii) any material which promotes, describes or depicts a person who is, or looks like, a minor under the age of 18 years engaging in sexual activity; or induces or offers sexual activity with minors; or depicts a minor under the age of 18 in an indecent manner or context; or in anyway, promotes or encourages pedophilia ("Pedophilic material")
(iii) pornographic material containing real depictions of actual sexual activity; or content classified as 'rc' ('refused classification') or 'x18+';
The publishing of any pedophilic material will be immediately reported to the competent authorities, including all access and meta data. Kenyanstream also reserves the right to report any material which contravenes our terms and conditions herein.
Moderation of public forums, blogs and website
Kenyanstream welcomes your participation in its various online forums. To ensure that your contributions meet legal requirements and the discussion stays on track, all comments posted to public blogs, forums and the website generally will be moderated by kenyanstream.com before publication, according to the protocols for participation.
Comments that do not comply with the protocols for participation, below, may not be published.
If a username is deemed to be offensive, inflammatory or otherwise inapporpiate, the username and the comments will not be posted.
As a general rule, comments and posts will not be edited, particularly not for spelling or grammatical errors, nor for quality of thought or argument. Comments may be edited to protect the privacy of an individual or organisation and/or to protect from potential defamation, in which case a name or comment may be removed by the moderator and replaced with an ellipsis.
Users of the website should anticipate a delay between submission and publication of comments to allow for moderation. Publication of comments will not be immediate. kenyanstream.com undertakes to moderate all comments within 24 hours of receipt, during work hours.
During moderation, comments are kept in a secure database accessed only by kenyanstream.com and its appointed representatives.
By clicking on and entering into an advertiser's private gallery, you acknowledge that you are no longer viewing an escort or adult services ad but a separate section of the site which is for entertainment purposes. For the the removal of doubt, the private gallery section of the website is not an escort ad.
kenyanstream.com provides a reporting feature to help report to kenyanstream.com advertisers incidents of violence, intimidation, coercion or exploitation in an effort to keep the industry safer and help prevent such incidents from being repeated. You agree to not abuse the report report feature. By using the report feature you agree that the contents of such a report shall only contain truthful information that is of your sole opinion and hereby warrant to take full ownership and all associated responsibility and liability for your report. You release kenyanstream.com completely from any liability whatsoever for the facilitation, reproduction or dissemination of such a report in any format including, but not limited to a web post, text message or email.
Equally, by reading any ugly mugs report, you agree to release kenyanstream.com from any liability for the contents within any such report and acknowledge that the information is solely the opinion of the advertiser creating the report and that you should rely on the reported information at your sole risk.
Security of information
No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Payment terms, cancellation, refunds and replacements
All advertising is prepaid and you agree that you or kenyanstream.com may cancel your ad at any time however refunds will only be allowable subject to the conditions or our refund policy.
Termination of access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.