Terms Of Use

Our provision of this Website http://www.akv.co.ke is provided with good will and is intended to be of great benefit to the users. To guide us through our continued engagement we have formulated certain Terms of use that we hope will make this relationship clear. We invite you to spend some time reading these Terms of Use, and take care to understand them properly.

It is prudent that you do not get involved with this website if you find any of these terms unacceptable.  If you do decide to be involved in any way either as a buyer of Music, a Musician or Advertiser or even a casual browser, it is understood that you will follow these terms.

At the outset, we would like to state that this site is meant for users that are 18years of age and over.

These Terms of Use may change at any time as we may deem necessary to the smooth running of the Website. Any changes to the terms will be indicated and will be notified through a newsletter to those that are registered users of this site. We will not take responsibility for any failure on our part to communicate any changes to you. As a registered user you need to keep an eye on any changes that may happen and act accordingly.

In Any Case when the terms change for whatever reason, we will attempt to give a 14day effective date except in cases that would be detrimental to the continued use of the site. You are free to withdraw from the continued use of this site if you find any changes made to the terms to be unacceptable to you. If and when a moment like that arises you will need to cease using the site immediately after the 14day effective day otherwise you will be deemed to have accepted the new terms.

This Website is meant to be an outlet for Kenyan Music that we hope will help combat Piracy while providing the best outlet for the Best Kenyan Music. From a survey we conducted, it is clear that over 65% of the respondents have acquired recorded Kenyan Music that had not been authorized by the Owners, the reasons given were mainly that they did not know where to acquire authorized Music. Over 58% gave this reason and we hope that by providing this outlet Honest Kenyans Will NOT have an excuse for buying an unauthorised Music. This act can be classed as theft and it is our belief that we have more honest Kenyans than otherwise.

All users of this Website Must be registered. There is No Service for unregistered members except casual browsing and casual listening to the Music. There are three categories of Users namely Buyers, Musicians and advertisers. All the information that is supplied to the Website is available to All members. There is no registration fee BUT all the Music on this site is payable. There is no free Music and we have set a minimum price below which we consider exploitation and we invite Kenyans to have the good will to pay a price that the Musicians will fee well compensated for their efforts. NO one is under any obligation to buy any Music which calls on the Musicians to produce Music that Kenyans Will want to buy! There is No Guarantee that any Music Will sell.

All the advertising on this Website will be payable except in the cases where an arrangement has been made with the site admin.

All registered users of this site have access to all services offered here. Access in this case means that when they want to buy they can buy. This is not available to those not registered.

Our Privacy Policy clearly states what information we will require from you and how we handle that information. You are invited to make yourself familiar with this Privacy Policy. You are fully responsible for the protection of your login details. These should be kept secretly so that unauthorized users do not gain access to your account. Any activity in your account will be deemed to have been by you whether it was the case or not. We have a Password reset facility that will send to the registered email address. It is your responsibility to ensure that this email address is working and that it is accessible to you. If for whatever reason you cannot access your registered email address, the only way out would be to create a new account. We will refund any funds that may have been left in your old account as long as you can prove to be the rightful owner of the inaccessible account. This account will be deleted within 14days of the registration of a new one.

Your email address is considered your username, choose this carefully as you cannot change it. You can reset your pass word as often as necessary through the “Forgot Password” facility at the login page.

 If ever you wish to terminate your account, send an email to admin for deletion. You may do this at any time you choose to and for whatever reason. We are not in a position to obligate you to hold an account with us. Upon deletion of your account, all content pertaining to it will be deleted from the Website and will not be accessible either to you or any one else except those that hav access to our servers. Deleting Your content from the servers is a tedious activity that we reserve the right to forego. Your content Will however never be used again for whatever purpose.

It is assumed that any content that is uploaded to our Website is backed up elsewhere. A loss of data from our Website CAN NOT therefore be considered a loss to you.

You can Use our Website as any of the following:

  1. A Buyer/User
  2. Musician
  3. Advertiser

All these users have to be registered in the system. Your continued use of the site is subject to these Terms of use upon which we authorize your personal shared use of the site. The availability of the site to you is sorely determined by us and we reserve the right to withdraw it at any time for reasons that may not be communicated to you.

It is understood that ALL the Music on the site is for sale and that you will not make any attempt to acquire it for free through unauthorized means. Acquiring ANY recording without the authority of the Owner is theft. Your undertaking to do this would turn you into a thief and your place should be in Jail. We take such an illegal act seriously and although we may not have the wherewithal to catch you, we condemn any such act in the strongest terms possible.

Please understand that buying any of the Music on our site and in fact anywhere ONLY gives you the right to listen to it within your personal privacy and those within the confines of the private environment. The Purchase does NOT give you any other right. It does NOT allow you to share copies of the Music with any other person. You are advised to  refer to this website anyone who would like a copy of any Music you acquired from our site. All this relies on your Honesty as a Human Being and we call on you to exercise it fully.

We always make an effort to listen to all Music before activating it and we reserve the right to reject any submitted Music. Despite this we may fail to notice inappropriate content, you are therefore called upon to only upload  palatable socially acceptable Music. Offensive Music will be rejected. We also invite all users to help us police the Music that is uploaded on our Website. In the case that you find such Music, please notify us through email admin@akv.co.ke giving us the reason you find the Music unsuitable to feature on our Website.

We take copyright very seriously and we will remove any Music against which a copyright claim is made. When evidence is given to us proving a copyright infringement, the Music will be taken down even without consulting you the Uploader and thereafter follow up with you. ALL users of this Website are invited to let us know of any Music that they find in it that may be involved in a copyright infringement of any kind.

Let it be known that we consider DJ Mixes that are not original creations of the DJ as copyright infringements. Any DJ mix must be 100% created by the said DJ using their own original creations that do NOT contain ANY copyrighted published or recorded material by any other party in the world in whatever form.

In regards to posting authorized advertising on our Website, we authorize any user to take up the role of an advertising agent and upload fully paid for adverts on the site for their clients. We will NOT have links with your clients and you will be responsible for ALL your dealings with your clients.

This Website is open for any user to post paid for advertising through their registered accounts. We reserve the right to vet any such submitted adverts and accept or reject them. Upon any such rejection, funds will be returned to the user’s account.

Our website allows you to share links to your content on as many legal forums as possible. In fact we advise you to share your links extensively to enable more traffic to the site and hopefully more sales for all that are concerned.

 ANY material uploaded to our site belongs to the Uploader. Our role is to provide the Website as we have designed it or as we may change it to. WE DO NOT claim ANY OWNERSHIP to ANY content that has been uploaded on our site. ALL the rights of Ownership fully belong to the registered user.

It is acknowledged that we DO NOT guarantee the sale of your Music and that YOU DO NOT expect ANY compensation from us for hosting your Music. Any payment that you expect will come from the sales of your Music. We DO NOT pay any user for using our site.

We will carry adverts on our website to help us meet costs of maintaining it. Any earnings generated from any advertising belong to the site Ownership and NO USER of the site has any right to them under whatever circumstances.

By Uploading your content on our site you however authorize us to share and promote it extensively without any restrictions. We may also call upon you to undertake promotion on our behalf.

ALL Uploaders will be required to post our RSS feed on their social media as we will agree. This exercise will however be discussed with you and you may be granted exemption for any reason we find acceptable as per our discretion.

The Links to your Content maybe shared extensively ALL over the Internet. By using our service, it is assumed that you have authorized us to carry out such an exercise. It is understood that such shared content is out of our control and we can therefore not be held responsible for its use or even deletion.

We have assumed the following:

  1. That any content you have uploaded is wholly created by you and that you have sought the  authority of any collaborating entities. It must be noted that any claim lodged against any content you have uploaded will be directed to you personally and that you do not pass any liability to us.
  2. That any content you have posted will not offend anyone or any entity in anyway and that if it does, you are fully responsible for the consequences that may arise thereof.

We reserve the right to remove your content from our site  if we find that it breaches any part of these terms or if it offends any one or any entity and that you will take full responsibility for any consequences thereof.

 AKenyanVoice and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the Website. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against AKENYANVOICE or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

If you discover any Content that you believe to be in violation of your trademark or other intellectual property rights, which you believe violates your rights of privacy or publicity, which you believe is defamatory, pornographic, obscene, tribal, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, our policies or applicable law, please report this to us at admin@akv.co.ke

 Please  note that individual Uploaders have control over the Music that they store in their account from time to time, and may remove any or all Music without notice. You have no right of continued access to any particular item of Content and AKENYANVOICE shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by AKENYANVOICE or the relevant Uploader.

Due to the Nature of the Product we sell and the fact that upon a sale the funds are immediately allocated to the Owner of the Music, we DO NOT offer any refunds. Any claims of failure to download any music successfully will be remedied through means through which the music can be made available successfully BUT no refunds will be given.

While we will attempt to present this Website in the best way and with as few errors as possible, when these are found, they maybe corrected within a reasonable time. As much as possible we will make sure that the site is up and running without any interruption but we are unable to guarantee this possibility. The site maybe interrupted for  reasons beyond our control.

Reasonable security is integrated in this site and its hosting but there are no guarantees that third parties will not interfere with it in one form or other.

Any liability claim you may have against us will be limited to the highest amount you ever topped up your wallet by in any one month during your use of the site.

You hereby agree to indemnify, defend and hold harmless AKENYANVOICE, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable lawyers' fees, resulting from:

  • any violation by you of these terms of use or our policies;
  • any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these  Terms of use and the parameters set by you with respect to the distribution and sharing of Your Content;
  • any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

AKENYANVOICE reserves the right to change, modify, withdraw or discontinue any of the features, services and functionalities of the Platform at any time and for any reason with or without notice. AKENYANVOICE also reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, AKENYANVOICE shall use its reasonable endeavours to notify registered users of such decision in advance.

Payments to Owners of Music shall be paid 80% of the sale price with AkenyanVoice Keeping 20% for its own expenses. ONLY the registered owners will have access to any accruing funds.

Our minimum withdrawal earning is Kshs. 1,000/- with a maximum of Kshs. 10,000/-. On attaining the maximum withdrawal amount payment will be made to the registered account owner whether they have requested a withdrawal or not.

All earnings that have reached the minimum withdrawal amount of Kshs. 1,000/- will be made within the month they have been earned regardless of whether they have been requested or not.

At this point no taxes have been applied to any earnings. This position may change with time. ALL registered users are responsible for their own tax obligations.

You hereby agree that AKENYANVOICE and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that AKENYANVOICE may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

You may terminate this Agreement at any time by requesting us to delete your account by email to admin@akv.co.ke.

This Agreement is subject to the laws of the KENYA.

 

 

 

 

 

 

 

 

 

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