Terms and Conditions
Last updated: 02 June 2020
By using the Ojay Greene website (www.ojaygreene.com) (the “Site”), you accept and agree to be bound by these terms of use (the “Terms"). PLEASE READ THESE TERMS CAREFULLY.
The Site is the property of Ojay Greene. Ojay Greene may change the Terms or modify the features of the Site at any time. When the terms are changed, the changes will appear in this document, which you can access at any time by clicking on the “Terms and Conditions" link. By continuing to use the Site after Ojay Greene has made a change in the Terms, you agree to be bound by all of the changes. If you do not agree to the terms and conditions set forth here, do not use the Site or download any materials from it.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your use of this Site, to understand our practices.
COPYRIGHT
Except where otherwise noted, this Site and its contents are copyright © Ojay Greene, all rights reserved. The Site and its contents, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the compilation of all content on this site, are the property of Ojay Greene and are protected by Kenyan and international copyright and other intellectual property laws. All software used on this site is the property of Ojay Greene or its software suppliers and is protected by Kenyan and international copyright and other intellectual property laws.
TRADEMARKS
Ojay Greene marks, logos, graphics, and images are trademarks or trade dress of Ojay Greene in the Republic of Kenya and other countries. Ojay Greene’s trademarks and trade dress may not be used in connection with any product or service that is not Ojay Greene's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ojay Greene. All other brands and names are property of their respective owners.
LICENSE AND ACCESS
Subject to your compliance with these Terms, Ojay Greene grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Site. This license does not include any resale or commercial use of any content of this Site, any downloading, copying, or other use for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extracting tools. Information received through this Site may be stored on your own computer, downloaded, displayed, reformatted and printed in a single copy for your personal, non-commercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such information. Whether or not for payment or other consideration, you agree not to distribute (including via e-mail or the Internet), copy, reproduce, modify, reuse, retransmit, disseminate, sell, rent, publish, broadcast, upload, re-post, circulate, license or commercially exploit in any manner any element of the Site itself or the information or services received through the Site, including without limitation results of searches performed, without the prior express written consent of Ojay Greene. You agree not to remove any copyright or other proprietary notices and to prevent any unauthorized copying. You agree not to “mirror” or include this information on your own server or documents without Ojay Greene’s permission. Nothing contained here shall be construed as granting to the user a license to or under any copyright, trademark, servicemark, patent or other intellectual property right of Ojay Greene or other third party.
The license granted by Ojay Greene terminates if you do not comply with these Terms.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL SERVICES AND INFORMATION, CONTENT, MATERIALS, AND PRODUCTS MADE AVAILABLE TO YOU ON THIS SITE ARE PROVIDED BY OJAY GREENE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OJAY GREENE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS MADE AVAILABLE TO YOU ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, OJAY GREENE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OJAY GREENE DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE SITE, THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THAT THE CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE SITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OJAY GREENE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, OJAY GREENE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITAITON, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM THE USE OF ANY INFORMATION, SONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Information on this Site may contain technical inaccuracies or typographical errors. Ojay Greene shall not be responsible for any errors or omissions contained at this Site and does not guarantee the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained within this Site.
Any comments or materials sent to Ojay Greene through this Site shall be deemed NOT to be confidential. By sending Ojay Greene any information or material, you grant Ojay Greene an unrestricted, irrevocable license to use, reproduce, disclose, exhibit, display, perform, modify, transmit, transform, create derivative works and distribute to others without limitation any ideas or information you send for any purpose.
DISPUTES
Each party hereby consents to the personal jurisdiction of the Republic of Kenya, acknowledges that venue is proper in any state or Federal court in the Republic of Kenya, agrees that any action related to these Terms must be brought in a state or Federal court in the Republic of Kenya, agrees that any action in any form arising out of the subject matter of this agreement, whether in contract, tort or otherwise, must be brought within one year after the cause of action arose or was discovered by the party instituting the action, whichever occurs last, and waives any objection that may exist, now or in the future, with respect to any of the foregoing. Any claim related to this Site shall be governed by the internal substantive laws of the Republic of Kenya, without giving effect to any principles of conflicts of laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
This site is controlled and operated by Ojay Greene from its offices within the Republic of Kenya, and shall only be accessed by those located within the country. Ojay Greene makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
Ojay Greene makes no commitment to update the information on the Site. Ojay Greene reserves the right to make changes without notice. If you choose to access this site from outside the Republic of Kenya, you do so on your own initiative and are responsible for compliance with applicable local laws.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. The Terms constitute the entire agreement between you and Ojay Greene with respect to your access to and use of the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ojay Greene with respect to this Site generally. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All Rights Reserved.