Terms & Conditions
For purposes of these terms and conditions,
“Trusound Entertainment” shall mean Trusound Entertainment and "User" shall mean the individual using
this website.
1 Acceptance of terms and conditions
Trusound Entertainment provides the information contained on
this website and any pages comprising the website
("website") to you subject to the terms and conditions
of use set out herein ("terms and conditions"). By
accessing, using and/or downloading any information from
the website, you are deemed to have accepted and agreed
to the terms and conditions. If you do not accept and
agree to the terms and conditions, do not access, use or
download any information from the website.
2 Modification of terms and conditions
Trusound Entertainment may at any time modify the terms and
conditions without notice to you and your continued
access or use of the website will be subject to the
terms and conditions in force at the time of such access
or use. Accordingly, you should review the terms and
conditions periodically as your continued access or use
of the website shall be deemed to be your acceptance of
the amended terms and conditions.
3 Content of the Website
Whilst every effort is made to update the information
contained on this website on a regular basis, Trusound Entertainment
makes no representations or warranties, whether express,
implied in law or residual, as to the completeness or
reliability of information, opinions, data and/or
content contained on the website and shall not be bound
in any manner by any information contained on the
website. The contents of the website do not constitute
an invitation to invest in the shares of Trusound Entertainment.
Trusound Entertainment reserves the right at any time to
change the content or discontinue without notice, any
aspect or feature of the website. No opinions, research
information, data or content contained on the website
(and whether posted by Trusound Entertainment or a third
party) should be construed as advice and same are
offered for information purposes only.
3.1 Third-party content
Some content on the Website is provided, or posted, by
third parties. Trusound Entertainment is not responsible for
the accuracy, propriety, lawfulness or truthfulness of
third party content, and shall not be liable to any User
in connection with such User's use thereof. Users may
gain access to websites operated by third parties via
links on the Trusound Entertainment Website. Please read all
related Terms and Conditions prior to using any such
website. Trusound Entertainment has no control over third
party websites, does not monitor such sites, and is not
responsible for any content, products or services
offered on such websites.
4 Disclosure
Trusound Entertainment reserves the right to cooperate fully
with governmental authorities in the investigation of
any suspected criminal or civil wrongdoing. Further,
Intrepid may disclose the User's identity and contact
information, if requested by a government or law
enforcement body or as a result of a subpoena or other
legal action. Intrepid shall not be liable for damages
or results thereof. Each User agrees not to bring any
action or claim against Trusound Entertainment for such
disclosure.
5 Unauthorized access
Users agree not to undertake any scheme to undermine the
integrity of, or gain unauthorized access to, the
computer systems or networks used by Trusound Entertainment or
its partners.
6 Access to Website and Features
Trusound Entertainment reserves the right to limit, modify or
deny access to the Website and its features and/or to
change any of the features without prior notice. Each
User acknowledges that their inability to use the
Website, wholly or in part, for whatever reason, may
have adverse effects to them. Trusound Entertainment is not
liable to any User (or third party) for any loss or
damage resulting from the User's inability to use the
Website for whatever reason. Trusound Entertainment is not
liable for loss or damage resulting from delays, errors,
omissions, communication or transmission errors, or any
damages (direct, indirect, consequential or otherwise)
arising from the use of, or inability to use, the
Website or any of its features.
7 Links to Other Web Sites
External links may be provided for your convenience, but
they are beyond the control of Trusound Entertainment and no
representation is made as to their content. Use of or
reliance on any external links is at your own risk. No
hypertext links may be created from any website
controlled by you (whether directly or indirectly) to
the website without the express prior written permission
of Trusound Entertainment.
8 Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in and to
all materials, texts, drawings and data made available
on the website (collectively "materials") are owned by
Trusound Entertainment alternatively, Trusound Entertainment is the
lawful user thereof and same are protected by
international intellectual property laws. Accordingly,
any unauthorised copying, reproduction, retransmission,
distribution, dissemination, sale, publication,
broadcast or other circulation or exploitation of the
materials or any component thereof will constitute an
infringement of such copyright and other intellectual
property rights. The trademarks, names, logos and
service marks (collectively "trademarks") displayed on
the website are the registered and unregistered
trademarks of Trusound Entertainment. Nothing contained on the
website should be construed as granting any licence or
right to use any trademark without the prior written
permission of Trusound Entertainment.
9 Warranties and Disclaimers
Trusound Entertainment makes no warranties, representations,
statements or guarantees (whether express, implied in
law or residual) regarding the website. Trusound Entertainment
shall not be responsible for and disclaims all liability
for any loss, liability, damage (whether direct,
indirect or consequential), personal injury or expense
of any nature whatsoever which may be suffered by you or
any third party, as a result of or which may be
attributable, directly or indirectly, to your access
and/or use of the website and any information contained
on the website and you waive any and all claims which
you may have against Trusound Entertainment in respect of any
loss, liability, damage (whether direct, indirect or
consequential) or expense of any nature whatsoever,
which may be suffered by you or your dependents as a
result of or which may be attributable directly or
indirectly to the aforesaid. These limitations of
liability shall apply regardless of the form of action,
whether in contract, tort, delict, strict liability or
otherwise, and regardless of whether either party has
been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained
herein, Trusound Entertainment shall not be liable for any
indirect, contingent or consequential loss (including
but not limited to loss of business or loss of profits)
incurred or sustained by you or any third party
howsoever arising in respect of your use of or reliance
on the website or any information offered on or via the
website.
10 General
10.1 These terms and conditions constitute the sole
record of the agreement between you and Trusound Entertainment
in relation to the subject matter hereof. Neither you
nor Trusound Entertainment shall be bound by any express,
tacit or implied representation, warranty, promise or
the like not recorded herein. These terms and conditions
supersede and replace all prior commitments,
undertakings or representations, whether written or
oral, between you and Trusound Entertainment in respect of the
subject matter hereof. No addition to, variation or
agreed cancellation of any provision of these terms of
use shall be binding upon Trusound Entertainment unless agreed
to by Trusound Entertainment. No indulgence or extension of
time which Trusound Entertainment may grant to you will
constitute a waiver of or, whether by estoppel or
otherwise, limit any of the existing or future rights of
Trusound Entertainment in terms hereof, save in the event or
to the extent that Intrepid has signed a written
document expressly waiving or limiting such rights.
10.2 Trusound Entertainment shall be entitled to cede, assign
and delegate all or any of its rights and obligations in
terms of these terms and conditions to any third party
without notice to you.
10.3 All provisions of these terms and conditions are,
notwithstanding the manner in which they have been
linked grammatically, severable from each other. Any
provision of these terms and conditions which is or
becomes unenforceable in any jurisdiction, whether due
to voidness, invalidity, illegality, unlawfulness or for
any reason whatever shall, in such jurisdiction only and
only to the extent that it is so unenforceable, be
disregarded and the remaining provisions of these terms
and conditions shall remain of full force and effect.
10.4 These terms and conditions shall be governed by and
construed in accordance with the laws of Kenya without
giving effect to any
principles of conflict of law. You hereby consent to
exclusive jurisdiction of the Kenyan courts in respect
of any disputes arising in connection with these terms
and conditions or any matter related to or in connection
therewith. |
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