Terms & Conditions

A. Your Acceptance of These Terms and Conditions

• PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ARE BOUND BY THEM. By visiting Stadiumskenya.co.ke (which is referred to below at times as the “SSMB website”), by uploading any video or other Content onto the SSMB website, or by using any services, products, software or other aspect of the SSMB website (which together are referred to as the "Service"), you are agreeing to be bound by all provisions stated in these terms and conditions (these "Terms and Conditions") and all provisions stated in SSMB's Privacy Policy. By using the Service, you are entering into a binding agreement between you and SSMB, Inc. SSMB, Inc. is referred to in these Terms and Conditions as "SSMB," "we," or "us." No provisions in these Terms and Conditions or in SSMB's Privacy Policy are intended to or shall be deemed to create any third party rights or benefits. If you do not agree to be bound by these Terms and Conditions, then please do not use the Service.
• We may, in our sole discretion, modify or revise these Terms and Conditions and SSMB's Privacy Policy at any time. You agree to be bound by any such modifications or revisions. You should periodically review the most up-to-date version of these Terms and Conditions and SSMB's Privacy Policy.

B. Membership

• To use the Service, you must create an account and register as a member by providing a user name, a password, your name, your address, your age, a valid email address and a phone number. You must provide complete and accurate registration information to SSMB and notify us if your information changes. If you are a business organization of any type or a government entity, the person whose email address is associated with the account must have the authority to bind the organization or entity to these Terms and Conditions. We encourage you to use your real name. If you are a business organization of any type or a government entity, you must use the actual name of your organization or entity. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
• You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, then you must log out of your account after using the SSMB Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You may be liable for any loss or damages of SSMB or others due to unauthorized use of your account.

C. The Service and Restrictions on Use

• SSMB hereby grants you permission to access and use the Service, subject to all restrictions and limitations stated in these Terms and Conditions. Your use of the Service must be for your own, personal use. Unless you obtain SSMB's written permission, you may not use the Service for commercial purposes.
• You may upload, post, or transmit (all of which are referred to at times as "submit") videos, text, or other work (all of which are referred to as "Content") onto the website only if you comply with the restrictions and other provisions stated in these Terms and Conditions. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that:
  • you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit;
  • any Content you submit does not infringe any third party's rights, including copyrights, other intellectual property rights, and privacy rights; and
  • any Content you submit complies with all terms of these Terms and Conditions.
• You agree to not download or copy any Content on the SSMB website. You may send to third parties a link to a video or other Content contained on the SSMB website. Also, you may click the "SHARE" icon contained on the SSMB website for the limited purpose designed by SSMB for that feature of the website.
• You must comply with all applicable laws in your use of the Service.
• You agree to not alter or modify the Service. You agree not to upload or launch any automated system or software onto or within SSMB's website, such as "robots" or "spiders." You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content on the website.
• The Service may contain links to third party websites that are not owned or controlled by SSMB. SSMB has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party websites. In addition, SSMB will not and cannot censor or edit the Content of any third party website. By using the Service, you expressly relieve SSMB from any and all liability arising from your use of any third party website. We encourage you to read the terms and conditions and privacy policy of each other website that you visit.
• As described below in Section E and elsewhere in these Terms and Conditions, SSMB reserves certain rights regarding your use of the Service. This includes but is not limited to SSMB reserves the right to discontinue any aspect of the Service at any time.
• You understand that when using the Service, you will be exposed to Content from a variety of sources, and SSMB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SSMB with respect thereto. You agree to indemnify, hold harmless and defend SSMB, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

D. Content Restrictions

• You may not submit any Content which in any way:
  • Infringes upon any third party's copyright, trademark, or other intellectual property rights;
  • Infringes or damages any third party's other rights, such as privacy rights;
  • Exploits minors;
  • Contains sexually explicit images or pornography;
  • Was stolen or illegally obtained or is being used illegally;
  • Contains hateful, defamatory, or discriminatory Content or incites hatred against any individual or group;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or illegal schemes or conduct of any kind, such as illegal money- making schemes, online gambling or betting, etc.; or
  • Promotes any illegal conduct or violates any applicable laws.
• All videos or Content you submit must also comply with our Uploading Guidelines, which are incorporated into this Agreement.
• You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other intellectual property rights or other proprietary rights of third parties, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant SSMB all of the license rights granted under these Terms and Conditions.
• You understand that SSMB does not guarantee any confidentiality with respect to any Content you submit.

E. Our Reservation of Rights

• We reserve all rights stated in these Terms and Conditions. These rights include, but are not limited to, we reserve the right to:
  • delete any video or other Content uploaded or submitted by you or any user of the Service (and we will not be liable for any loss of such Content);
  • not display your or any user's video or other Content, or display your video or other Content at any location on the SSMB website we choose; and
  • monitor all conduct on and Content submitted to the SSMB website (although we assume no obligation to do so).
• SSMB does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SSMB expressly disclaims any and all liability in connection with any such Content. SSMB does not permit copyright infringing activities and the infringement of other intellectual property rights on the Service, and SSMB will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SSMB reserves the right to remove any Content without prior notice.
• SSMB reserves the right to decide whether any Content violates these Terms and Conditions for any reason. SSMB may at any time, without prior notice and in its sole discretion, remove any Content and/or terminate a user's account for submitting any Content in violation of these Terms and Conditions or if a user's conduct or Content would tend to damage SSMB's reputation or goodwill. If we terminate your account, we may prevent you from re-registering for the Service. We also reserve the right to block your email address and Internet protocol address to prevent further registration. SSMB has sole discretion to terminate your access to the Service.

F. Code of Conduct

In using the Service, you must act in a civil and respectful manner at all times. Additionally, you will not:

• Harass or stalk any other person;
• Harm or exploit minors;
• Act in a deceptive manner by, among other things, impersonating any person;
• Distribute "spam;"
• Collect information about others; or
• Advertise or solicit others to purchase any product or service.

G. Licenses Granted by You

• License to SSMB. As between you and SSMB, you own the video or other Content that you submit to the Service. By submitting a video or other Content to the SSMB website, you grant SSMB and its affiliates a limited, worldwide, non- exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video or other Content for the purposes of:
  • displaying the video or other Content within the Service;
  • promoting the Service; and/or
  • archiving or preserving the video or other Content for disputes, legal proceedings, or investigations.
• License to Other Users. You further grant all users of the Service permission to view your video or other Content for their personal, non-commercial purposes.
• Duration of Licenses. The above licenses will continue unless and until you remove your video or other Content from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos or other Content may be cached in search engine indices after removal and that SSMB has no control over such caching.

H. Copyright Act

• SSMB's designated and sole appointed agent for the management of the SSMB (Digital Platform) Website and with the power to act on it’s behalf and for purposes of notices described under the Copyright Act is: Zuru 360 (EA) Ltd, This email address is being protected from spambots. You need JavaScript enabled to view it.
• If you are a copyright owner or an agent thereof and believe that any Content displayed on this website infringes upon your copyright(s), you may submit a notification pursuant to the Copyright Act by providing our Designated Agent with the following information in writing:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice in writing to the Designated Agent containing the following information:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court in Austin, Kenya, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, SSMB may send a copy of the counter-notice to the original complaining party informing that person that SSMB may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SSMB's sole discretion.

I. Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SSMB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SSMB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

SSMB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. SSMB 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

J. Limitation of Liability

IN NO EVENT SHALL SSMB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SSMB SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by SSMB through it’s sole appointed agent, Zuru 360 (EA) Ltd, from its facilities in Kenya. SSMB makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

K. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SSMB and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the Service;
• your violation of any term of these Terms and Conditions;
• your violation of any third party right, including without limitation any copyright, other intellectual property right, or privacy right; or
• any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.

L. Age Requirement and Ability to Accept Terms and Conditions

You must be at least 13 years of age to use the Service. If you are not at least 13 years of age, then please do not use the Service. If you are at least 13 years of age but still a minor, then you need parental or guardian consent to use the Service.

You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

M. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SSMB without restriction.

N. General Provisions

You agree that:

• the Service shall be deemed solely based in Kenya; and
• the Service shall be deemed a passive website that does not give rise to personal jurisdiction over SSMB, either specific or general, in jurisdictions other than Kenya. These Terms and Conditions shall be governed by the internal substantive laws of the State of Kenya, without respect to its conflict of laws principles. Any claim or dispute between you and SSMB that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Kenya. These Terms and Conditions, SSMB's Privacy Policy, and any other legal notices published by SSMB on the Service, shall constitute the entire agreement between you and SSMB concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and SSMB's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. SSMB reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

YOU AND SSMB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.