By visiting the ziki.co.ke, using any content, products or services provided to you on, from, or through the Ziki Inc. website or Platform (collectively the “Services”) you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement.
If you don’t completely agree with the terms of the agreement, but still use any Ziki Service or Platform, you will still be bound to the terms of the agreement.
Ziki may modify this Agreement at any time without any prior notice to you and said modifications may become effective immediately upon their posting to the website. Your continued use of any Ziki Service or Platform following a modification to this Agreement indicates your acceptance of the Agreement and you agree to be bound by any such modification. If you are dissatisfied with anything related to any ziki.co.ke Service or Platform your sole remedy is to discontinue use of said Service or Platform. You use any Ziki Service or Platform at your own risk.
The Agreement applies to all users of any Ziki Service or Platform, including users who contribute content. "content" includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may contribute to any Ziki Service or Platform. This includes all aspects of Ziki including but not limited to, all products, software and services offered via the Ziki website and mobile app.
Ziki may change, suspend or discontinue all or any aspect of any Service or Platform at any time, including the availability of any feature, database, or content, without prior notice or liability.
Ziki may contain links to third party websites. By use of any Ziki Service or Platform, you expressly relieve Ziki Inc. from any and all liability arising from your use of any third-party website.
By signing up for an Ziki account you opt-in to receiving emails from Ziki. At times Ziki will send account holders emails notifying them of system upgrades, issues and other messages. You will have the option to opt-out of these emails by clicking the unsubscribe link included in any of our email messages.
You agree while using any Ziki Service or Platform that you MAY NOT:
To access or benefit from some of the Ziki Service or Platform you will have to create a Ziki account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Ziki will not be liable for any losses you might suffer, you may be liable for the losses of Ziki or others.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content. You will comply with laws regarding transmission of data.
Content is provided to you as is. You understand that when using any Ziki Service or Platform, you will be exposed to content from a many different sources, and that Ziki is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ziki with respect to the extent permitted by USA law, agree to indemnify and hold harmless Ziki its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service or Platform. You acknowledge your use of content is at your sole risk.
You shall be solely responsible for your own content and the consequences of storing and distributing your content on the Ziki Service or on any Ziki Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute content through the Ziki Service or on any Ziki Platform; and you license to Ziki all patent, trademark, copyright or other proprietary rights for distribution on any Ziki Service or Platform pursuant to the Agreement.
For clarity, you retain all of your ownership rights in your content. However, by distributing content through ziki.co.ke, you grant Ziki a non-exclusive, royalty-free, and licensable to use, reproduce, distribute, prepare derivative works of, display, perform the content in connection with any Ziki Service, Platform and Ziki’s (including but not limited to its successors and affiliates) business. By accepting these terms and uploading your content, you agree and understand that in the event you elect to enable downloads/offline play on any of your songs and/or albums, these materials will be made available to iOS and Android app users who select your material for offline play. Accepting our TOS means you grant Ziki the right to make your songs/albums available to app users for offline play if you select "allow downloads/offline play" in your song or album settings. As a reminder - you cannot upload any third party content which infringes on third party intellectual property or copyrights, and you cannot make any material available download that you are not the authorized copyright holder for.
Ziki will respond to any and all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”), and other applicable intellectual property laws. To file a copyright infringement notification with us you will need to send a written or electronic communication to Ziki at the email address following this Agreement that includes the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed. Please include a screenshot of the alleged copyright infringement on the Ziki platform.
(3) Information reasonably sufficient to permit Ziki to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
You control your data through your account and/or cookies which may be placed on your computer. Ziki maintains multiple copies of active files. Ziki bears no responsibility for maintaining your data.
ziki.co.ke is not a data warehousing website. The intended use is for active file sharing which may inadvertently result in backups of files being shared.
Any views expressed on the website do not reflect the views of Ziki.
(a) Company will pay you ninety percent (10%)** of Net Income. Net Income will be posted to your ZIKI account in a timely fashion after Company’s receipt thereof. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. (b) “Net Income” shall be defined as Company’s actual receipts from Consumer Stores less any tax, fee or other charge related to the Sale of your Recordings. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law. (c) To the extent that you owe any amounts to Company as a consequence of the Terms of Service or otherwise, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise payable to you. (d) In the event that Company has, in its good faith discretion, reason to suspect that your account has been subjected to and/or involved in fraudulent or infringing activities, Company reserves the right to discontinue the posting of Net Income to your account and block your ability to otherwise withdraw funds therefrom until resolution of the suspect activities to the satisfaction of Company is obtained. Furthermore, you agree that such revenues will be forfeited by you if Company determines, in its good faith discretion, that they are the result of fraud and/or infringement. To the extent that any fraudulent and/or infringing activities are determined to be caused by your or your affiliates actions or omissions, any costs incurred by Company (including legal fees and expenses) in connection therewith may, in addition to its other remedies, be deducted by Company from any monies otherwise payable to you hereunder. Certain Consumer Stores may also have policies related to fraud and suspected fraudulent activities and you agree that it is your responsibility to investigate such policies, if any, and such policies shall be binding upon you hereunder.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Ziki, ITS OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER Ziki NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT.
NEITHER Ziki NOR ANY THIRD PARTY WARRANT OR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH ANY Ziki SERVICE OR PLATFORM WILL BE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OF THE CONTENT. Ziki IS NOT RESPONSIBLE UNAUTHORIZED OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
Ziki DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND Ziki WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NEITHER Ziki, NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Ziki's AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN Ziki AND YOU. IN STATES OR COUNTRIES NOT ALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, Ziki AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
You agree to indemnify, defend and hold Ziki and its affiliates and their respective officers, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney’s fees, incurred by any Ziki Party in connection with any content or use of any Ziki Service or Platform, whether via your password and by any other person, whether or not authorized by you. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
The Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and Ziki each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York County, New York ("Courts") with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
Please e-mail reports of any violations to firstname.lastname@example.org