LughaYangu: Short Description

LughaYangu is a Website/Platform created to help users learn, understand, preserve and create African Languages. As such, LughaYangu gives you an opportunity to upload, post or otherwise access different dialects from different African communities. As a user, you are able to view, comment and react to various dialects posted daily to the Platform. The main objective of LughaYangu is to empower African languages and keep everyone updated. LughaYangu (Hereinafter referred to as "Company") offers lughayangu.com (Hereinafter referred to as "Website") according to the declaration of the below Terms of Service. The Company RESERVES the right to revise and update these terms from time to time according to changes in the Company setup and Statutes/Laws regulating the use of the Website. The NOTICE of revision or update will be posted on the Website. Legally, your continued usage of the Website constitutes your acceptance of these terms, available in the Website. Questions and opinions about the Terms of Service may be sent to this address: https://lughayangu.com/

1. Usage Terms:

A. The Website is a language sharing platform which accepts entries from diverse users with diverse backgrounds. However, the Website may not be suitable for all audiences because of the choice of language use or some specific words that may be sensitive. The CONTENT of the Website is presented in a raw manner which represents the use of the words in the society. If you do not consider yourself an appropriate user or are offended, please do not visit the Website. B. The Website is not intended for persons under the age of EIGHTEEN (18). By utilizing the Website, you are representing that you are at least 18 and above and thus have the CAPACITY to use the Website. C. The Website strives to follow all the LAWS, STATUTES and REGULATIONS of every jurisdiction. Subsequently, you SHALL not use the Website for any illegal activity or to violate laws in your jurisdiction. You are also not expected to exploit the Website to access unauthorized information which include private information of others and that of the Company. D. The Company RESERVES the RIGHT to modify, suspend, or discontinue the Website for any reason, with or without notice. E. The Website is provided "as is" and "as available". There is an assumption of complete RESPONSIBILITY and RISK for your use of the Website. For that reason, the Company does not warrant that (i) the Website will meet your requirements, (ii) you will be satisfied with the Website, (iii) you will at all times be able to use the Website, (iv) the Website will be without errors, (v) or that any errors will be corrected. F. The Company also reserves the right of denial of responsibility for your use of the Website. Subsequently, the Company is not responsible for any damages or loss resulting from your use of the Website. G. The Company is not liable for any damages or losses resulting from the Website transmitting information such as personal messages over unencrypted networks such as email. H. Any failure of the Company to enforce or exercise a right provided in these terms is not a WAIVER of that right. I. Should any provision of this Terms of Service be found invalid or unenforceable, the remaining terms shall still apply. J. This Terms of Service constitutes the entire AGREEMENT between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

2. User Conduct

A. Users may not publish to the Website any words, definitions, or other information (collectively, "Content") that: • is unlawful, threatening, libelous or defamatory to individuals, other organizations and governments; • violates any party's intellectual property; or • is detrimental to the quality or intended spirit of the Website. B. Examples of unacceptable Content or behavior on the Website are those which we, in our sole discretion, determine constitute: • abuse, harassment, threats of violence, flaming, intimidation of any person or organization, or any other threatening behavior; • engaging in or contributing to any illegal activity or activity that violates others' rights; • providing information that is false, misleading or inaccurate; • hacking or modifying the Website to falsely imply an association with the Company; • implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization; or • disclosing personal or proprietary information of another user, person or organization. C. The Company has the RIGHT, but not the obligation, to limit or revoke the use privileges of anyone who publishes unacceptable Content. D. At any time, the Company may, at its sole discretion, refuse to allow Content to be published, or remove Content that has been published. However, the Company is not obligated to restrict or monitor submissions in any way, or to block users who submit inappropriate content.

3. Your Responsibility for Your Content

A. The LughaYangu Platform enables you to add and upload words in various languages and its meaning both raw and in context of its usage. All material that you upload, publish or display to others via the LughaYangu Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the LughaYangu Platform, Your Content may be viewed by the general public. By publishing Content, you represent and warrant that such Content: • does not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights; • does not engage in scraping or automated data extraction from the Lughayangu platform without explicit permission. For the purposes of these Terms of Service, "scraping" refers to the automated extraction of data from the Lughayangu platform, including but not limited to, the dictionary, articles, Today in History, and any other content available on the site. • does not violate any law, statute, ordinance or regulation; and • shall not create any liability for LughaYangu Company or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.

4. License and Permission to Use Your Content.

A. It is the belief and understanding of LughaYangu that vide this Agreement you understand that By submitting, posting, or displaying Your Content on the LughaYangu Platform, you grant LughaYangu and its affiliated companies a nonexclusive worldwide license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the LughaYangu Platform or the promotion, advertising or marketing of the LughaYangu Platform or our business partners, in any and all media or distribution methods. B. Additionally, you acknowledge and agree that LughaYangu may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of LughaYangu, its users, or the public. C. It is the firm belief of LughaYangu that you understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time. D. Further, you give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the LughaYangu Platform or in violation of our Terms of Service.

5. Third Party Content

Third Party Content are those that may be uploaded, posted or disseminated by other Platforms similar to LughaYangu. Third Parties may post their content for purposes of advertisement and other business-related activities. The Company does not and cannot control all Content published by third parties to the Website, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

6. Indemnification

As a user of the LughaYangu Platform, you are solely responsible for any Content you publish on the Website, and the consequences of publishing such Content. Subsequently, any issues arising from and by your usage shall be your responsibility and not of the Company. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, losses, costs, liabilities, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out or relating to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Service, and (ii) any actual or alleged infringement of any intellectual property or proprietary rights by any Content or other information you publish to the Website. Use of the Website is also governed by our Privacy Policy, a copy of which is currently located here

7. (a)General Terms and Dispute Resolution

This Agreement and any action arising out of your use of the LughaYangu Platform will be governed by the laws of the Republic of Kenya without regard to or application of its conflict of law provisions or your country of residence.

(b) The Governing Law and Jurisdiction:

You agree that LughaYangu is operated in Kenya and will be deemed to be solely based in Nairobi and a passive service for purposes of jurisdictional analysis.

(c) Use Outside Kenya:

LughaYangu expressly disclaims any representation or warranty that the LughaYangu Platform complies with all applicable laws and regulations outside Kenya. If you use the LughaYangu Platform outside Kenya, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the LughaYangu Platform.

(d) Assignment.

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

(e) Electronic Communications.

You consent to receive communications from us by email/phone in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

(f) Entire Agreement/ Severability.

This Agreement supersedes all prior terms, agreements, discussions and writings regarding the LughaYangu Platform and constitutes the entire agreement between you and us regarding the LughaYangu Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

(g) Interpretation

In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party's favor as a result of its counsel's role in drafting this Agreement.

(h) Notices.

All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via https://lughayangu.com/privacy . Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

(i) Relationship.

This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

(j) Waiver.

No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

8. Copyright and Ownership

8.1 Intellectual Property Rights: The Company owns all intellectual property rights to the Lughayangu platform and all elements thereof, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the platform owned by the Company.

8.2 Content Ownership: To the extent you own rights in any content you publish on the platform, such rights shall remain yours solely and exclusively.

8.3 License Grant: By publishing content on the platform, you grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform, and make derivative works of your content on the platform and on services affiliated with the platform and elsewhere (including but not limited to print, video, audio, or computer media), regardless of the form of media used or whether such media or services now exist or are developed in the future. You represent and warrant that you have all rights necessary to publish that content and to grant the foregoing license to the Company.

8.4 Respect for Intellectual Property: The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights. The Company reserves the right to terminate your account if you are found to be in violation of these Terms of Service.

8.5 Copyright Infringement Claims: If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company's copyright agent:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

8.6 Copyright Agent Contact Information: The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
P.O Box 7944 - 40100 Kisumu

By email: msaada@lughayangu.com

9. Prohibition of Scraping

9.1 Definition: For the purposes of these Terms of Service, "scraping" refers to the automated extraction of data from the Lughayangu platform, including but not limited to, the dictionary, articles, Today in History, and any other content available on the site.

9.2 Prohibition: You agree not to engage in scraping or any similar automated data collection methods on the Lughayangu platform. This includes, but is not limited to, the use of bots, spiders, or other automated tools to access, extract, or manipulate data from our website without explicit permission.

9.3 Legal Basis: While we strive to protect our content and data, we acknowledge that this prohibition may not prevent all scraping activities. However, it provides a legal basis for Lughayangu to take action against any individual or entity that violates this clause, including but not limited to seeking injunctive relief, damages, and any other remedies available under applicable law.

9.4 Reporting Violations: If you suspect that scraping is occurring on the Lughayangu platform, please report it to us at msaada@lughayangu.com. We take such reports seriously and will investigate any potential violations of this policy.

9.5 Consequences of Violation: Any unauthorized scraping or data extraction may result in immediate termination of your access to the Lughayangu platform, legal action, and other consequences as deemed appropriate by Lughayangu.

10. Participation Disclaimer

10.1 Content Review: The Company does not and cannot review all content published to the platform or created by users accessing the platform and is not responsible for the content of any such user-generated content.

10.2 Passive Conduit: You acknowledge that by providing you with the ability to view and distribute user-generated content through the platform, the Company is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the activities of users.

10.3 No Monitoring Duty: The Company and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders do not undertake or assume any duty to monitor the platform for inappropriate content.

10.4 Limitation of Liability: The Company and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

11. Trademark Notice

11.1 Trademarks: "Lughayangu" is a registered trademark of Lughayangu, all rights reserved. The Lughayangu logo is a trademark of Lughayangu.

12. API Access

12.1 API Terms: Access to the Lughayangu API is available only with the express permission of Lughayangu and is governed by the Lughayangu API Terms of Service.

13. Further Assurances

You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement. This Terms of Service is subject to update and revision from time to time. The Company will strive to give NOTICE in time in any case of revision.

Any questions about this Terms of Service Policy should be addressed to this email address: msaada@lughayangu.com

Updated

Last updated: 2024-08-17