Terms and Conditions

Your use of and access to this website, application, and associated data (collectively, the “Mbarikiwa Foundation Property” as more fully defined in Section 2.1 below) is subject to these terms and conditions (“Terms”). You hereby accept these Terms by using or accessing the Mbarikiwa Foundation Property. Unless otherwise indicated, the Terms below apply to all users of the Mbarikiwa Foundation Property (“Users”), regardless of whether or not you have registered for a Paid Subscription (as defined below).

1. ACCEPTANCE OF TERMS

1.1 These Terms are entered into by and between you and Mbarikiwa Foundation  and/or, at Mbarikiwa Foundation’s discretion, one or more of its affiliates (“Mbarikiwa Foundation”). If you are using the Mbarikiwa Foundation Property on behalf of your employer, you accept these terms on your and your employer’s behalf (and any reference to “you” or “your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and Mbarikiwa Foundation for violations of these Terms. If you do not agree to all of the terms herein or are dissatisfied with the Mbarikiwa Foundation Property, your sole remedy is to stop using the Mbarikiwa Foundation Property.

2. DESCRIPTION OF MBARIKIWA FOUNDATION PROPERTY

2.1 The term “Mbarikiwa Foundation Property” means this website and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by Mbarikiwa Foundation or its affiliates, licensors, partners or end users or made available to you by Mbarikiwa Foundation directly or indirectly (e.g., on Mbarikiwa Foundation Property, via hyperlinks or otherwise). Mbarikiwa Foundation controls and operates Mbarikiwa Foundation Property from various locations and makes no representation that the Mbarikiwa Foundation Property is appropriate or available for use in any or all locations. Mbarikiwa Foundation Property may not be available in your location, and Mbarikiwa Foundation Property may vary among locations. Upgrades, updates, maintenance and support of Mbarikiwa Foundation Property are provided by Mbarikiwa Foundation at its sole discretion.

2.2 Subject to these Terms, Mbarikiwa Foundation hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Mbarikiwa Foundation Property as intended and permitted by Mbarikiwa Foundation solely for your personal, non-commercial use. You agree not to access or use the Mbarikiwa Foundation Property through any interface other than the one provided by Mbarikiwa Foundation for such access and use. No other use is permitted without the prior written permission of Mbarikiwa Foundation. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.

2.3 Mbarikiwa Foundation may also offer a service requiring payment in connection with the Mbarikiwa Foundation Property (“Paid Subscription”). The Paid Subscription provides you with the same access to the Mbarikiwa Foundation Property as users of our free service, but with limited third party advertising; for Users registered with a Paid Subscription only third party advertising on a few select pages may appear within the Mbarikiwa Foundation Property (“Limited Third Party Advertising”). The Limited Third-Party Advertising is the only benefit conferred to a User who registers for a Paid Subscription; Users of the Paid Subscription shall use the Mbarikiwa Foundation Property solely as set forth herein and for no other purpose. Users that are not registered for a Paid Subscription will not receive the benefit of Limited Third-Party Advertising. You are solely responsible for ensuring that you have the appropriate software, hardware, and Internet connection necessary to operate the Paid Subscription. You may also be required to download additional third-party software or download upgraded versions of the Paid Subscription. Mbarikiwa Foundation reserves the right to cease supporting any hardware or software platform at any time, with or without notice to you. Users of the Paid Subscription remain bound by all components of these Terms.

2.4 As between you and Mbarikiwa Foundation, Mbarikiwa Foundation and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the Mbarikiwa Foundation Property including, without limitation, any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the Mbarikiwa Foundation Property (other than rights to use Mbarikiwa Foundation Property as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest Mbarikiwa Foundation’s ownership of the Mbarikiwa Foundation Property.

3. YOUR OBLIGATIONS AND CONDUCT; PAYMENTS, FEES, AND OTHER CHARGES

3.1 In consideration of your use of the Mbarikiwa Foundation Property, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your Mbarikiwa Media account, if any, and on the Mbarikiwa Foundation Property (the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to Mbarikiwa Foundation, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access or otherwise use in connection with the Mbarikiwa Foundation Property. You are responsible for all activities that occur using your password, usernames and/or Mbarikiwa Media account, regardless of whether such activities are undertaken by you or a third party.

3.2 You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the Mbarikiwa Foundation Property. You agree not to upload, post or otherwise transmit via the Mbarikiwa Foundation Property information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Mbarikiwa Foundation or other users of the Mbarikiwa Foundation Property; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Mbarikiwa Foundation reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.

3.3 You agree that you will not use the Mbarikiwa Foundation Property to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Mbarikiwa Foundation or someone else, or spoof Mbarikiwa Foundation’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the Mbarikiwa Foundation Property or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Mbarikiwa Foundation Property; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to Mbarikiwa Foundation any personal data about other users unless specifically authorized in writing by such users and Mbarikiwa Foundation.

3.4 In addition to the other terms and conditions herein, the following shall apply, with respect to any Mbarikiwa Foundation Property that provides Lyrics, if any such lyrics are provided to you or otherwise displayed or used on Mbarikiwa Foundation Property: Usage of lyrics is limited to your personal, non-commercial use in accordance with the terms of this Agreement. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics so provided. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a lyric provided to you. You agree not to assign, transfer or transmit any lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics from any unauthorized usage.

3.5 If you elect to register for a Paid Subscription, if available, you agree to pay all associated fees and charges on a timely basis. Unless otherwise stated, an annual fee is due and payable in advance, is non-refundable. To register for a Paid Subscription, you must be: (1) a resident of a country in which Mbarikiwa Foundation is authorized to operate the Paid Subscription; (2) legally capable of entering into a binding contract; and (3) at least 18 years of age (or if between 13 and 18 years of age, you must have the consent of a parent or legal guardian). All fees and charges will be charged to the payment method you provided when you registered for the Paid Subscription (“Chosen Payment Method”). You agree to maintain a valid Chosen Payment Method during your use of the Paid Subscription. Mbarikiwa Foundation reserves the right to change the annual fee at any time, with or without notice to you.

3.6 You will immediately gain access to the Paid Subscription on the day that you register for and purchase the Paid Subscription (“Activation Date”). Your Paid Subscription is effective for one (1) year (the “Subscription Term”) and will terminate automatically at such time.

4. YOUR CONTENT

Unless otherwise stated herein, or in Mbarikiwa Foundation’s Privacy Policy, any content, ratings, feedback, preferences or other information or property you provide to Mbarikiwa Foundation (including, without limitation, on or in connection with the Mbarikiwa Foundation Property) shall be deemed to be provided on a nonconfidential basis and is intended for public consumption. Mbarikiwa Foundation shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant Mbarikiwa Foundation and all other users of the Mbarikiwa Foundation Property an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including, without limitation, the grant of rights for the worldwide transfer and processing among Mbarikiwa Foundation, its affiliates, and third-party providers of any information and content that you may provide via the Mbarikiwa Foundation Property. Mbarikiwa Foundation is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to Mbarikiwa Foundation or place on the Mbarikiwa Foundation Property, including, without limitation, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content by any party.

5. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT

You may find third party content and/or links to third party Internet sites or resources in or on the Mbarikiwa Foundation Property. You acknowledge and agree that Mbarikiwa Foundation is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and Mbarikiwa Foundation does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. Mbarikiwa Foundation will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services.

6. INDEMNITY

You agree to indemnify and hold Mbarikiwa Foundation and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including, without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys’ fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to Mbarikiwa Foundation, use of or access to Mbarikiwa Foundation Property by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including, without limitation, any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.

7. NOTICES; MODIFICATION AND TERMINATION OF MBARIKIWA FOUNDATION Property

Mbarikiwa Foundation may provide notice to you via email, regular mail, or posting notices or links to notices via the Mbarikiwa Foundation Property. Mbarikiwa Foundation and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the Mbarikiwa Foundation Property (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access Mbarikiwa Foundation Property shall immediately and automatically cease and terminate. Mbarikiwa Foundation will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the Mbarikiwa Foundation Property (or any part thereof or related information or files), or loss of related information.

8. ADVERTISEMENTS AND PROMOTIONS

Mbarikiwa Foundation may run advertisements and promotions on the Mbarikiwa Foundation Property, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than Mbarikiwa Foundation found on or through the Mbarikiwa Foundation Property, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company. Mbarikiwa Foundation is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the Mbarikiwa Foundation Property. You may opt out of use of your non-personal data by certain of our vendors by following the link to the DAA’s Consumer Opt-Out Page at www.aboutads.info.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Except as expressly authorized by Mbarikiwa Foundation, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the Mbarikiwa Foundation Property, in whole or in part, by any means. You may not, for example, publish any portion of the Mbarikiwa Foundation Property (or links thereto) on any internet, intranet or extranet site or incorporate the Mbarikiwa Foundation Property in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software Mbarikiwa Foundation discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.

9.2 “Mbarikiwa Foundation Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Mbarikiwa Foundation uses in connection with its products and services. You agree to comply with Mbarikiwa Foundation’s trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any Mbarikiwa Foundation Trademarks, or co-brand your own products or material with Mbarikiwa Foundation Trademarks, without Mbarikiwa Foundation’s prior written consent. You acknowledge Mbarikiwa Foundation’s rights in Mbarikiwa Foundation Trademarks and agree that any use of Mbarikiwa Foundation Trademarks by you shall inure to Mbarikiwa Foundation’s sole benefit. You agree not to incorporate any Mbarikiwa Foundation Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

9.3 Mbarikiwa Foundation is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on Mbarikiwa Foundation Property, please contact our Copyright Agent in accordance with our Copyright Policy and incorporated into these Terms.

9.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any Mbarikiwa Foundation Property or any other product, content, technology, intellectual property or service of Mbarikiwa Foundation or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use Mbarikiwa Foundation Property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of Mbarikiwa Foundation or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from Mbarikiwa Foundation or its affiliates, licensors or partners.

10. DISCLAIMER OF WARRANTIES

10.1 YOUR USE OF THE MBARIKIWA FOUNDATION PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. MBARIKIWA FOUNDATION AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE MBARIKIWA FOUNDATION PROPERTY. THE MBARIKIWA FOUNDATION PROPERTY IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. MBARIKIWA FOUNDATION DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MBARIKIWA FOUNDATION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE MBARIKIWA FOUNDATION PROPERTY.

10.2 MBARIKIWA FOUNDATION MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE MBARIKIWA FOUNDATION PROPERTY WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MBARIKIWA FOUNDATION PROPERTY WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY MBARIKIWA FOUNDATION PROPERTY OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE MBARIKIWA FOUNDATION PROPERTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE MBARIKIWA FOUNDATION PROPERTY WILL BE CORRECTED.

10.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MBARIKIWA FOUNDATION PROPERTY (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO MBARIKIWA FOUNDATION PROPERTY), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

11. LIMITATION OF LIABILITY

11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, MBARIKIWA FOUNDATION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE MBARIKIWA FOUNDATION PROPERTY, EVEN IF MBARIKIWA FOUNDATION HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE MBARIKIWA FOUNDATION PROPERTY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MBARIKIWA FOUNDATION PROPERTY; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

11.2 TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.

12. MBARIKIWA FOUNDATION’S PRIVACY POLICY

You consent to the collection, processing and storage by Mbarikiwa Foundation of your personal information, if any, in accordance with the terms of Mbarikiwa Foundation’s Privacy Policy, which is available here and incorporated into these Terms. You agree to comply with all applicable laws, rules and regulations, and the terms of Mbarikiwa Foundation’s Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with the Mbarikiwa Foundation Property.

13. GENERAL TERMS

13.1 The Terms constitute the entire agreement between you and Mbarikiwa Foundation relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on Mbarikiwa Foundation unless in writing and signed by an authorized Mbarikiwa Foundation representative. Mbarikiwa Foundation reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. Mbarikiwa Foundation may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the Mbarikiwa Foundation Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Mbarikiwa Foundation or third-party products or services.

13.2 The Terms constitute the entire agreement between you and Mbarikiwa Foundation relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on Mbarikiwa Foundation unless in writing and signed by an authorized Mbarikiwa Foundation representative. Mbarikiwa Foundation reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. Mbarikiwa Foundation may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the Mbarikiwa Foundation Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Mbarikiwa Foundation or third-party products or services.

13.3 KENYAN law governs any action related to the Terms and/or your use of the Mbarikiwa Foundation Property. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and Mbarikiwa Foundation agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Kenya.

13.4 The Mbarikiwa Foundation Property and products derived or obtained from the Mbarikiwa Foundation Property may be subject to the Kenyan export laws, rules and regulations and the export or import laws, rules and regulations of other countries. You agree to comply strictly with all such laws, rules and regulations and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Kenyan or your local laws; (b) not use Mbarikiwa Foundation Property or anything derived from the Mbarikiwa Foundation Property to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Mbarikiwa Foundation Property or anything derived from the Mbarikiwa Foundation Property to prohibited countries and entities identified in the Kenyan export regulations.

13.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

13.6 6Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

13.7 In the event of a conflict between these Terms and any other agreements between you and Mbarikiwa Foundation, Mbarikiwa Foundation shall determine in its discretion which terms shall govern.

13.8 This English language version of these Terms governs your relationship with Mbarikiwa Foundation and any translations of the Terms into another language shall not be binding on Mbarikiwa Foundation.