These terms and conditions govern your access to and use of the Mkito Dot Com Ltd (Mkito) website (the “Site”), including any content, information, products and/or services (the “Services”) therein. This is a legal agreement between you and Mkito (“Company”). Company reserves the sole right at any time to modify, discontinue or terminate the Site and Services, or modify the Terms of Service without notice. All modified terms and/or conditions will be in effect after they are posted on the Site. By continuing to use or access the Site and/or Services after Company makes any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of the Terms of Service without Company’s express written consent.
YOU UNDERSTAND THAT BY USING THE SERVICES OFFERED BY COMPANY THROUGH THE SITE OR WITH RESPECT TO YOUR MKITO ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY COMPANY.
1.RESTRICTIONS OF USE
For the avoidance of doubt, you agree that you may not (without limitation):
i. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Mkito Service (Website) or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
ii. circumvent any technology used by Mkito, its licensors, or any third party to protect content accessible through the Mkito Service;
iii. use the Mkito Service in a way that violates the terms of this Agreement;
iv. circumvent any territorial restrictions applied by Mkito;
v. artificially increase play count or otherwise manipulate the Mkito Service by using a script or other automated process;
vi. in addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Mkito Service and its content. You also acknowledge and agree that Mkito may remove or reclaim your username at any time if Mkito in its absolute discretion considers such action appropriate.
As consideration for your rights under this Agreement, you agree that Mkito and its business partners have a right to provide advertising and other information to you. Advertisements may be in any form as may be required by Mkito
3.PURCHASE, REFUND AND EXCHANGE POLICY
All purchases are final. Mkito products are intangible goods that are digitally delivered; we therefore have a strict no refund policy. If there is a problem with one of the digital download products or if you experience any difficulty with its download, we will fix the problem.
A purchase will be considered to be completed once the ”buy” or ”free” button has been clicked. At this point it is not possible to cancel a purchase even if a download has not been fully completed and the equivalent credits will be deducted from your account.
Any purchase of credits from Mkito or any of its payment agents can only be used for purchase of products from Mkito. You cannot reclaim any credits in any form. In an extreme case, as will be judged by Mkito, a refund of credits may be possible. Please contact Mkito if you believe you have a valid reason for a refund of credits.
Mkito uses third party payment systems to process all payments. If by any chance a transaction is not carried out in a correct manner because of a user fault or by reasons in the domain of the third parties, Mkito will not be held liable in any way for any loss of any kind that may have been caused.
4.TERM AND TERMINATION
This Agreement will become effective in relation to you when you create an Mkito account or when you start using the Mkito Service and will remain effective until terminated by you or Mkito. Mkito reserves the right to terminate this Agreement or suspend your Mkito account at any time in case of unauthorized, or suspected unauthorized use of the Mkito Service whether in contravention of this Agreement or otherwise. If Mkito terminates this Agreement, or suspends your Mkito account for any of the reasons, Mkito shall have no liability or responsibility to you, and Mkito will not compensate you in anyway. To delete your account please contact Mkito through firstname.lastname@example.org. Deletion of your account may take up to 15 working days. Note however that terminating contract or deleting your account does not constitute to removal of all of your personal information from the Mkito database or its business partners databases. Your personal information may still be used by Mkito or third parties for contacting you or advertising even after deleting your account or terminating your contract.
The use of the Mkito Service (including but not limited to its content) is at your own risk. The Mkito Service is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, Mkito gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Mkito Service. In addition, Mkito does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application Content or any other product or service advertised or offered by a third party on or through the Mkito Service or any hyperlinked website, or featured in any banner or other advertising. Consequently Mkito will in no way be responsible for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Mkito Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Mkito shall create any warranty on behalf of Mkito in this regard.
6.LIMITATION OF LIABILITY
In no event shall Mkito, its affiliates, officers, directors, employees, licensors or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Mkito Service (including but not limited to its content), the Third Party Applications or the Third Party Application Content, even if you have advised Mkito about the possibility of such loss, and including any damages resulting therefrom. Nothing in this Agreement removes or limits Mkito’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold Mkito and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
Mkito respects intellectual property rights, and expects you to do the same. Please note therefore that the Mkito Service and the content provided through the Mkito Service is the property of Mkito or Mkito's licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the Mkito Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the Mkito Service. Further, you may not remove or alter any copyright, trademark, advertising or other intellectual property notices contained on or provided through the Mkito Service.
You agree that Mkito has a right to collect and process part or all of your personal information as per your Mkito account including but not limited to your full name, Email ID, Gender, Date of Birth, City, Country, Phone number, IP address, friends information, and other user statistics as generated by your use of the website such as questionnaires, polls etc. You agree that the information you have entered is correct and can be used by Mkito or its business partners for an unlimited time whether you are actively using your account or not. You agree that deleting your Mkito account or terminating this contract will not take away the right for Mkito or its partners to use your personal information for advertising, marketing purposes, research, feedback, or any other use without any time limit. You also agree that the information you have provided can be used to contact you at any time for any reason as per requirements of Mkito or its partners.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
11. ARTIST PAYMENTS
All artist payments are done according to the payments terms as set by Mkito.com. Payments are usually done within 48 hours from the time an artist requests a payment. Mkito.com reserves in its disgretion to delay or withhold a payment in cases where it is deemed necessary until the reason for delaying or withholding the payment has been cleared. Please contact us for more information regarding artist payments.
12.GOVERNING LAW AND DISPUTES
Parties hereby agree that in the event of any conflict arising from implementation of this contact, they shall refrain from courts of law and instead submit their complaints to an arbitrator. Decisions of the arbitrator shall be binding, final and conclusive. The present contract shall be governed by laws of the United Republic of Tanzania.
13.ACCURACY OF YOUR INFORMATION
All users of www.mkito.com MUST use only correct information. Failure to do so may result in the breech of the Terms and Condition set by Mkito.