SongaMusic Terms of Use

1. Acceptance of Terms of Use

Please read these Terms of Use carefully. If you do not agree to any of the provisions set out in those documents, you should not use the SongaMusic Website, Apps or any other SongaMusic Services. By accessing or using SongaMusic, registering an account, or by viewing, accessing, streaming, uploading or downloading any products from or to SongaMusic, you represent and warrant that you have read and understood the Terms of Use, you will abide by them, and that you are either 18 years of age or more, or if you are under 18 years of age, you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use SongaMusic.

2. Changes to Terms of Use

From time to time we will change, alter, replace or otherwise modify these Terms of Use. The date of last modification will be stated at the bottom of these Terms of Use. It is your responsibility to check this page from time to time for updates. By continuing to use the service after those changes are made, you express and acknowledge your acceptance of the changes.

If the Terms of Use are changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you by sending a message to your SongaMusic account and/or an email to the email address that you have provided. The revised Terms of Use will become effective thirty (30) days after such notification. You will have no obligation to continue using SongaMusic following any such notification, but if you do not terminate your account as described in the Termination section of these Terms of Use during such thirty (30) days period, your continued use of SongaMusic after the end of the thirty (30) days will constitute your acceptance of the revised Terms of Use.

3. Description of SongaMusic

“Premium SONGAMUSIC Service”, being a service that (i) provides access to unlimited, on-demand and/or pre-programmed full-length audio and video recordings, including but not restricted to Authorised Recordings; (ii) is owned, controlled , managed and operated by Company; (iii) is marketed and branded exclusively using the Authorised Branding; and (iv) is made available in daily, monthly, three (3) months and six (6) months subscription terms (the “Daily Offering”, “Monthly Offering”, “3 Months Offering” and “6 Months Offering” respectively) provided that the customer pays in full and in advance in respect of each offering.

4. Your SongaMusic Account

a) You are obliged to register to use SongaMusic. Access to the SongaMusic App and certain SongaMusic Services will only be available to registered users.

b) When you register to use SongaMusic you will provide us with your email address, and will choose a username and password for your account and mobile phone number. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated as private information.

c) You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

d) If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify SongaMusic in writing, and you should change your password immediately.

e) We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

f) You may terminate your account at any time as described in the Termination section of these Terms of Use.

5. Your Use of SongaMusic

a) Subject to your strict compliance with these Terms of Use at any and all times during your use of SongaMusic, SongaMusic grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the SongaMusic Service in order to view, share, upload content online or offline, and to share and download content and products using SongaMusic features where the appropriate functionality has been enabled by SongaMusic, and subject to the territorial availability of that feature and product.

b) If you register to use SongaMusic, and subject to your strict compliance with these Terms of Use at any and all times during your use, SongaMusic grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

participate in the community areas of SongaMusic and communicate with other members of the community strictly in accordance with these Terms of Use; and

use SongaMusic Apps and other Services strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.

c) The above licenses are conditional upon your strict compliance with these Terms of Use at any and all times during your use of SongaMusic, including, without limitation, the following:

You must not copy, rip or capture, or attempt to copy, rip or capture, any content from SongaMusic or any part of SongaMusic, other than by means of download or store for offline listening in circumstances where SongaMusic has elected to permit downloads or offline listening of the relevant item of content.

You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from SongaMusic at any and all times, except as permitted under these Terms of Use, and within the parameters set by SongaMusic.

You must not use any content in any way that is designed to create a separate content service or that replicates any part of the SongaMusic Service.

You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the content and activity on SongaMusic, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add or remove users, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of SongaMusic.

SongaMusic respects intellectual property rights and expects you to do the same. This means that the following is not permitted:

Copying, reproducing, “ripping”, recording, or making available to the public any part of the SongaMusic Services or content delivered to you via SongaMusic Services, or otherwise any use of the SongaMusic Service which is not expressly permitted under these Terms of Use;

using the SongaMusic service to import or copy any local files you do not have the legal right to import or copy in this way;

reverse-engineering, decompiling, disassembling, modification or creating derivative works based on SongaMusic Services or any part thereof;

circumventing any technology used by SongaMusic, its licensors, or any third party to protect content accessible through SongaMusic Services;

renting or leasing of any part of SongaMusic Services;

circumventing of any territorial restrictions applied by SongaMusic;

artificially increasing play count or otherwise manipulating the streaming services by using a script or other automated process;

removing or altering any copyright, trademark or other intellectual property notices contained on or provided through SongaMusic;

providing your password to any other person or using any other person’s user name and password.

You must not, and must not permit any third party to, copy or adapt the object code of the SongaMusic website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of SongaMusic, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to content.

You must not engage in any activity on SongaMusic or upload User Content, including registering and/or using a username, which is or includes;

a) any Content that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in SongaMusic’s reasonable discretion;

b) any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

c) any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in SongaMusic’s reasonable opinion;

d) any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt SongaMusic Services or servers or networks forming part of, or connected to, SongaMusic, or which does or might restrict or inhibit any other user's use and enjoyment of SongaMusic Services;

e) any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation;

f) any content that is intended or does harass or bully other users;

g) any information that impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading;

h) automated means to artificially promote content;

i) any material that involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the SongaMusic inbox;

j) any content that involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes;

k) any content that promotes commercial products or services;

l) any content that conflicts with these Terms of Use, as determined by SongaMusic.

You agree that SongaMusic may reclaim your username and report you to the authorities for any of the above breaches.

You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

You must not rent, sell or lease access to SongaMusic, or any content on SongaMusic.

You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any SongaMusic employee.

You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.

You must not sell or transfer, or offer to sell or transfer, any SongaMusic account to any third party without the prior written approval of SongaMusic.

You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by SongaMusic; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of SongaMusic’s servers, system or network or attempt to breach SongaMusic’s data security or authentication procedures; attempt to interfere with the website or the services by any means including, without limitation, hacking SongaMusic’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of SongaMusic under these Terms of Use, SongaMusic reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You must not interfere with the SongaMusic Service, tamper with or attempt to probe, scan, or test for vulnerabilities in the streaming service or SongaMusic’s computer systems or network, or breach any of SongaMusic’s security or authentication measures.

d) The SongaMusic Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on SongaMusic or across the internet. Please use SongaMusic carefully and manage your account settings regularly. SongaMusic has no responsibility for your choices to make any actions or material public on the streaming service.

e) Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on SongaMusic. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

f) You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that SongaMusic has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

g) We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by SongaMusic at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use.

6. Your Content

a) Any content, data or information that you upload, store, transmit, submit, exchange or make available to or via SongaMusic is generated, owned and controlled solely by you, and not by SongaMusic.

b) SongaMusic users may post, upload and/or contribute (post) content to the streaming service, including pictures, text and playlist compilations (User Content). You represent that you have the right to post any User Content which you post to SongaMusic, and that such User Content, or its use by us as contemplated by these Terms of Use, does not violate these Terms of Use, applicable law, or the intellectual property rights of others.

c) You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with SongaMusic. This license lasts until you terminate your SongaMusic account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the SongaMusic Service, except that you agree to waive your right to be identified as the author of any User Content on the SongaMusic Service and your right to object to derogatory treatment of such User Content.

d) SongaMusic does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in SongaMusic’s sole discretion, violates these Terms of Use. SongaMusic may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

e) SongaMusic does not claim any ownership rights in User Content, and you hereby expressly acknowledge and agree that your content remains your sole responsibility.

f) SongaMusic is not responsible for User Content nor does it endorse any opinion contained in User Content.

g) We may, from time to time, invite or provide you with means to provide feedback regarding SongaMusic, and in such circumstances, any feedback you provide will be deemed non-confidential and SongaMusic shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

h) SongaMusic will, from time to time, automatically collect information that can be used to identify media in your SongaMusic library such as your play history and playlists. This includes media purchased or acquired through SongaMusic and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or account. SongaMusic will use this information and the contents of your SongaMusic library, as well as other information, to give personalized recommendations to you.

• SongaMusic may use this information and combine it with aggregated information from the SongaMusic libraries of other users, your SongaMusic purchase history data, aggregated purchase history data from other SongaMusic users, and other information obtained from third parties, to:

Create personalized playlists for you from your SongaMusic library.

Provide you with recommendations regarding media and other products and services that you may wish to purchase or acquire.

Provide recommendations regarding products and services to other users.

7. Subscriptions

a) SongaMusic account holders may access the streaming service by any of our several Subscriptions:

Free Service: a 15 seconds preview based, free-of-charge service;

Unlimited Service: a subscription fee-based service;

Premium Service: an ad-free, subscription fee-based service which enables you to listen to music while not connected to the internet, among other features; or

Mobile Service: via a supported mobile handset.

The Premium Service permits you to store cached content on up to three (3) personal computers, mobile handsets and/or other relevant devices while your Premium Service subscription is active. You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as “Paid Subscriptions”.

b) Codes and other Limited Offers

If you have purchased a code sold by or on behalf of SongaMusic for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (Code), or if you are accessing the service through some other limited offer which you received or purchased from SongaMusic (Limited Offer), these Terms of Use apply to your access to the SongaMusic Services. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to SongaMusic Services using the Code or Limited Offer.

Subject to any rights you may have under the Payments section of these Terms of Use, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.

c) Trials

From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a Trial). SongaMusic reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your SongaMusic account’s settings before the end of the Trial.

8. Payments

a) You agree that you will pay for all products you purchase through SongaMusic, and that SongaMusic may charge your payment method for any products purchased and for any additional amounts (including any taxes , late fees, third party money transfer fees, as applicable) that may be accrued by or in connection with your Account.

b) You are responsible for the timely payment of all fees and for providing SongaMusic with a valid payment method for payment of all fees.

c) Your total price will include the price of the content plus any applicable fees and taxes; such tax is based on the bill-to address and the tax rate in effect at the time you use the service and or download the content.

d) All sales and rentals of content are final.

e) Prices for products offered via SongaMusic may change at any time, and SongaMusic does not provide price protection or refunds in the event of a price reduction or promotional offering.

f) If content becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by SongaMusic

g) If you have a Paid Subscription, your payment to SongaMusic will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

h) SongaMusic may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the SongaMusic Service after the price change takes effect, you accept the new price

9. Pre-Orders

By pre-ordering products, you are authorizing SongaMusic to automatically charge your account and download the products when they become available. You may cancel your pre-order prior to the time the products become available.

10. Family Sharing

a) Family Sharing, where available, allows you to share eligible SongaMusic products with up to six members (including yourself) of a “Family.” If you set up or join a Family, you may view the eligible products of other Family members and download such products to your compatible device or computer.

b) Family Sharing is for personal, non-commercial use only.

c) If you join a Family, the features of Family Sharing are enabled on your compatible devices and computers automatically.

d) The “Lead” of a Family can invite other members to participate in the Family. The Lead must be 18 years or older and must have an eligible payment method registered with SongaMusic.

e) The Lead must be the parent or legal guardian of any Family member under age 13.

f) The Lead's payment method is used to pay for any purchase initiated by a Family member in excess of any store credit in such initiating Family member’s account.

g) Products are associated with the account of the Family member who initiated the transaction.

h) By inviting family members to join a family, the lead agrees that all family member purchases are authorized by and are the responsibility of the lead, even if the lead was unaware of any particular purchase, if a family member exceeded his or her authority as granted by the lead, or if multiple family members purchase the same product. The lead is responsible for compliance with any agreement with its payment method provider, and assumes all risk in the event that sharing access to such payment method limits any protection offered by the payment method provider.

i) The Lead can change the payment method on file at any time.

j) A record of any purchase will be sent to the initiating Family member and the Lead, even if the purchase is hidden by the Family member; please inform SongaMusic if you or your Family members do not recognize charges on your receipt or payment method statement.

k) The Lead can use the Permission to Purchase function to require children under the age of 18 to obtain permission from the Lead, and/or other adults designated by the Lead, to download free or paid products before a purchase or download commences.

l) If you are a Lead, you represent that you and/or any adult designate is the parent or legal guardian of any Family member for whom Permission to Purchase is activated.

m) The Lead may remove any Family member from the Family, which will terminate that Family member's ability to initiate authorized purchases on the Lead's payment method, and that Family Member’s ability to view and share other Family members' products and information. When a Family member leaves or is removed from a Family, the remaining Family members may no longer view or download the exiting member’s products or information, or access products previously downloaded from the exiting member, including purchases made on the Lead's payment method while the exiting member was part of the Family. Similarly, if you leave a Family, you may no longer view or download the products or information of the other Family members, and products that you downloaded from other Family members while a member of the Family may no longer be accessible.

n) Accounts for users under age 13 can only be created as part of Family Sharing, deleting such an account in order to remove it from the Family will terminate that Family member’s SongaMusic ID and his or her ability to access any SongaMusic services that require a SongaMusic ID or any content associated with that SongaMusic ID.

o) You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the store account you associate with a Family no more than once every 90 days.

p) SongaMusic reserves the right to disband a Family in accordance with theTermination section of these Terms of Use.

11. Electronic Contracting

Your use of SongaMusic includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this app or site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

12. Consideration

In consideration for the rights granted to you under these Terms of Use, you grant SongaMusic the right;

a) to allow the SongaMusic Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service,

b) to allow all rights access to your Device

c) to provide advertising, payment prompts and other information to you, if you subscribe to the Free Service; and

d) to allow our business partners to do the same.

You grant SongaMusic a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the SongaMusic Service.

These Terms are not intended to grant rights to anyone except you and SongaMusic, and in no event shall these Terms create any third party beneficiary rights. Any failure by SongaMusic to enforce these Terms or any provision thereof shall not waive SongaMusic’s right to do so.

13. Licence and assignment

SongaMusic and the content provided through it are the property of SongaMusic or SongaMusic's licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the SongaMusic Service and to receive the media content made available through the SongaMusic Service in your country, based on the Subscription or Trial you have selected (the “Licence”). This License shall remain in effect for a period of 1 year unless terminated by you or SongaMusic.

The SongaMusic software applications are licensed, not sold, to you, and SongaMusic retains ownership of all copies of SongaMusic software applications even after installation on your Devices. SongaMusic may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

All SongaMusic copyrights, patents, trademarks, service marks, trade names, logos, domain names, and any other features of the SongaMusic brand are the sole property of SongaMusic. This Licence does not grant you any rights to use SongaMusic copyrights, patents, trademarks, service marks, trade names, logos, domain names, or any other features of SongaMusic brand, whether for commercial or non-commercial use.

You agree to abide by these Terms of Use and not to use SongaMusic Service (including but not limited to its content) in any manner not expressly permitted by these Terms of Use.

Third party software libraries included in SongaMusic Service are licensed to you under the relevant third party software library’s licence terms.

14. Third Party Applications

SongaMusic provides a platform for third party applications, websites and services to make available products and services to you (Third Party Applications). You understand and agree that SongaMusic is not responsible or liable for the behavior, features, or content of any Third Party Application.

By linking or otherwise providing access to any Third Party Applications, SongaMusic does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such applications.

Third Party Applications may have their own terms of use and/or privacy policies, and may have different practices and requirements to those operated by SongaMusic. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Applications, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Applications.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Applications, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Applications.

SongaMusic disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Applications, and you hereby irrevocably waive any claim against SongaMusic with respect to the content or operation of any Third Party Applications.

15. Technology limitations and modifications

SongaMusic will make reasonable efforts to keep SongaMusic Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. SongaMusic reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of SongaMusic Services, with or without notice, all without liability to you for any interruption, modification, or discontinuation of SongaMusic Services or any function or feature thereof. You understand and agree that SongaMusic has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

16. Export Control

SongaMusic products may be subject to Kenyan export and re-export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from SongaMusic under these Terms of Use to any destination, entity, or person prohibited by the laws or regulations of Kenya, without obtaining prior authorization from the competent government authorities as required by laws and regulations. This export control clause shall survive termination or cancellation of these Terms of Use.

17. Termination

These Terms of Use will continue to apply to you until terminated by either you or SongaMusic. SongaMusic may terminate the Terms of Use or suspend your access to the SongaMusic Service at any time, including in the event of your actual or suspected unauthorised use of the SongaMusic Service or non-compliance with the Terms of Use. If you or SongaMusic terminate the Terms of Use, or if SongaMusic suspends your access to the SongaMusic Service, you agree that SongaMusic shall have no liability or responsibility to you and SongaMusic will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

You may terminate your relationship with SongaMusic at any time by sending notice in writing to SongaMusic confirming such termination, and by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use SongaMusic. If you have a Subscription, and terminate these Terms of Use before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.

SongaMusic elects at its discretion to cease providing access to the Service in the jurisdiction where you reside or from where you are attempting to access SongaMusic.

Once your account has been terminated, any and all content in your account, or pertaining to activity from your account, will be irretrievably deleted by SongaMusic, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations. SongaMusic assumes no liability for any material that is irretrievably deleted following any termination of your account. SongaMusic is not able to provide you with any file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.

If you access SongaMusic via any of our applications or via any third party application connected to your account, deleting that application will not delete your account. If you wish to delete your account, you will need to do so from the account page within your settings on the SongaMusic website. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled, Your SongaMusic Account, Your Content, Consideration Your Content, Termination, Assignment to Third Parties, Warranty, Limitation, Waiver and Indemnity, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively

18. Assignment to third parties

SongaMusic may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of SongaMusic. You may not assign this Terms of Use or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of SongaMusic.

19. Warranty

We endeavor to provide the best service we can, but you understand and agree that THE SONGAMUSIC SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SONGAMUSIC SERVICE AT YOUR OWN RISK. SONGAMUSIC DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SongaMusic does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the SongaMusic Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that SongaMusic is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the SongaMusic 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 SongaMusic shall create any warranty on behalf of SongaMusic in this regard.

20. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with SongaMusic, the Third Party Applications or the Third Party Application content is to uninstall any SongaMusic software and to stop using the SongaMusicService, the Third Party Applications or the Third Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SONGAMUSIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SONGAMUSIC SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SONGAMUSIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SONGAMUSIC SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SONGAMUSIC DURING THE PRIOR THREE MONTHS IN QUESTION.

21. Waiver and Indemnity

By using the SongaMusic service, you agree, to the extent permitted by law, to indemnify and hold SongaMusic, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms of Use, your use of the SongaMusic Service, or any action taken by SongaMusic as part of its investigation of a suspected violation of these Terms of Use or as a result of its finding or decision that a violation of these Terms of Use has occurred. This means that you cannot sue or recover any damages from SongaMusic, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the SongaMusic service, or to take any other action during the investigation of a suspected violation or as a result of SongaMusic's conclusion that a violation of these Terms of Use has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Use.

22. Entire agreement

These Terms of Use constitute all the terms and conditions agreed upon between you and SongaMusic and supersede any prior agreements in relation to the subject matter of these Terms of Use, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Terms of Use in any written or oral communication from you to SongaMusic are void. You represent that you have not accepted the Terms of Use in reliance on any oral or written representations made by SongaMusic that are not contained in the Terms of Use.

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (Special Promotions) through the SongaMusic Service. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions shall prevail.

23. Severability

Should any provision of these Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.

24. Choice of law and mandatory arbitration

a) These Terms of Use are subject to the laws of Kenya, without regard to choice or conflicts of law principles. Further, you and SongaMusic agree to the exclusive jurisdiction of the courts of Kenya to resolve any dispute, claim or controversy in connection with these Terms of Use.

b) You and SongaMusic agree that any dispute, claim or controversy arising out of or relating in any way to the SongaMusic Service or your use thereof, including these Terms of Use, shall be determined by mandatory binding arbitration.

You agree that the Arbitration Act, Cap. 49 Laws of Kenya governs the interpretation and enforcement of this provision, and that you and SongaMusic are each waiving the right to a trial and the right to participate in a class or multi-party action/suit.

This arbitration provision shall survive termination of these Terms of Use and the termination of your SongaMusic account.

YOU AND SONGAMUSIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

Any arbitration must be commenced by filing a demand for arbitration with Chartered Institute of Arbitrators within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.