Terms & Conditions

Rumbaa.com Terms and Conditions of Use

Date of last revision : 21st October 2009

Introduction

Welcome to Rumbaa.com, a website that tracks social activities across Kenya. The
services (“Services”) provided by the Rumbaa.com website (the “Website”) are operated by
RoyKing Ltd (the “Company”). By accessing the Website on www.Rumbaa.com, you (the “User”) signify that you have read, understand, accept and agree to abide by the
Website’s Terms and Conditions of Use.

The use of the Website, the Services and access to photographs and information (the
“Content”) thereon is subject to these Terms and Conditions of Use. Use of the Website is
open to anybody over the age of eighteen years old. Eligibility for specific services,
promotions or competitions may vary. Use or access to the Website by anyone under
eighteen years old is unauthorised, unlicensed and in violation of these Terms and Conditions
of Use. By using the Website, you, the User warrant that you are eighteen years or older.

Editorial Control

The Website contains photographs taken by photographers contracted by the Company. The
Company endeavours to screen photographic material appearing on the website. Any
offending photographic material will readily be removed upon request. Inquiries and requests
should be directed to photos@rumbaa.com.
This Website also contains content provided by third parties and hyperlinks to other websites.
The Company does not screen or filter such content on these websites or information
available from other websites for accuracy, appropriateness, completeness, privacy policies
and other policies and therefore does not accept any liability for defamatory, illegal or criminal
content contained on other websites. We encourage our users to report any infringement,
illegal or criminal content found on any of the websites available through links from the
Rumbaa.com Website in order for us to investigate whether such links should be removed.

User Content

The Website may provide the opportunity for Users to upload their own content or other
content (“User Content”). Where applicable, Users agree not to upload, post, transmit, share,
store or otherwise make available content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that would otherwise
create liability or violate any Kenyan or international law.
Users also agree not to upload, post, transmit, share, store or otherwise make available
content that, in the sole judgment of Company, is objectionable or which restricts or inhibits
any other person from using or enjoying the Website, or which may expose the Company or
its Users to any harm or liability.

Users agree not to upload any User Content that :

1. is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive,
or otherwise inappropriate

2. comprises copyrighted material used without the express permission of the owner;

3. violates or otherwise encroaches on the rights of others;

4. contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive
code, or any other content (collectively “Corruptive Code”) that may compromise the
Website, the Content or the Services;

5. harms anyone, including minors;

6. advocates illegal activity; or,

7. provides a link to any of the above.

User Conduct

All Users agree to use the Website, the Services and the Content in a lawful manner and
agree not to act in a manner that could disable, overburden, damage or impair the Website or
that could demean or harm any person, organization or advertiser. The use of automated
scripts to gather content or collect information is strictly prohibited and by using the Website,
By accessing the Website, its Content or its Services, Users agree to be bound by these

Terms and Conditions of Use.

Users agree not to use the Website to engage in harmful, threatening, defamatory, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, unlawful, privacy invasive, hateful,
racist or otherwise objectionable behaviour.

Users agree not to create more than one account or to register accounts on behalf of other
people. Users agree that accounts may only be set up in their own names and not in the
names of their organisations and affiliate institutions.

Users also hereby agree not to impersonate someone else or to misrepresent their own
identity through the Website.

Distribution of Content

The Website provides a service whereby Users can email Content to other people as well as
share photographs on Facebook through a Rumbaa.com Application on Facebook.

Notwithstanding this service, the Company specifically retains ownership and copyright to
each and every photograph and their commercial distribution, reproduction, publication,
adaptation, sale, either in part or whole, online, in print, or any cinematograph film, video film
or television broadcast, requires the prior written permission of the Company. By making
these photographs available to the Users, the Company is in no way whatsoever assigning its
rights, title and interest including copyright to the photographs throughout the world and in
perpetuity.

Content Sharing on Facebook

The Company provides a service whereby photographs and galleries appearing on the
Website can be shared on Facebook. Users may avail themselves of this service subject to
their adherence of these Terms and Conditions of Use as well as the Terms of Use of
Facebook.

In order to upload or share Rumbaa.com photographs on Facebook, the User may not in any
way tamper or alter the photograph, including the deletion of the Rumbaa.com logo or the logo of any of its advertisers or partners.

Furthermore, Users agree not to share photographs or galleries that could in any way harm or
demean a person, organization or advertiser, that could contravene these Terms and
Conditions of Use or that could contravene the rights of any entity upheld in terms of the
Company’s Privacy Policy.

For the avoidance of any doubt, Users are required to strictly adhere to these Terms &
Conditions of Use in the sharing of Content through the Rumbaa.com Application on Facebook.

Privacy

The Company respects the privacy of its Users and it takes specific steps to protect it. Please
review our Privacy Policy.

The purpose of the Website is to display photographs of people having fun with their friends.
It is never the Company’s intention to depict anybody in a negative light. If for any reason
whatsoever you would like a photograph deleted from the Website or you feel as though a
particular photograph is offensive and should be removed from the Website, please send your
photo deletion request to photos@Rumbaa.com and we will oblige.

Limitation of Liability & Disclaimer

Although the Company endeavors to provide accurate, up to date and truthful Content on
the Website, neither the Company nor any of its subsidiaries, affiliates, directors,
shareholders, officers, agents, contractors, partners, employees, suppliers, information
providers, licensors and service providers make any representations or give any warranties,
whether expressly, tacitly or implied, as to the operation of the Website, the Services or the
Content, User Content, software, applications, advertising and products included and / or
available from the Website.

The Company, its subsidiaries, affiliates, directors, shareholders, officers, agents, contractors,
partners, employees, suppliers, information providers, licensors and service providers will not
be responsible or liable for any damage or loss of whatsoever nature, including but not limited
to personal injury or death, direct, indirect, incidental, exemplary, special, punitive and
consequential damages, including that for lost profits or lost data and refusal or inability of the
competition sponsor to deliver the prizes, arising or resulting from the use of or inability to use
the Website, the Services, the Content, User Content, software, applications, advertising and
products, prizes or any interactions between Users of the Website, whether online or offline.
The Company is not responsible for any technical malfunctions or other problems of any
telephone network or service, computer systems, servers or service providers, computer or
mobile telephone equipment, software, failure of email due to technical problems or traffic
congestion on the Internet or at any website or any combination thereof, including injury or
damage to the User’s or to any other person’s computer, mobile phone or other hardware or
software, related to or resulting from using or downloading materials in connection with the
internet and / or related to the use of the Website.

The Website, the Services, Content, User Content, software, applications, advertising and
products are provided “as is” and the Company hereby disclaims any and all representations
and warranties, whether express or implied, including without any limitation whatsoever any
implied warranties of ownership, title, suitability for a particular purpose or non-infringement.
The Company cannot guarantee nor does it warrant or promise any specific results of
benefits from the use of the Website. Furthermore, the Company does not represent or
warrant that the Website, the Services, Content, User Content, software, applications,
advertising and products or any applications associated with it, are accurate, complete,
reliable, current or free of error or that the Website, its Services, its software, its applications
or its servers are free of viruses or other harmful components.

Users should therefore exercise caution in the use and downloading of any applications,
software or Content and should utilize industry recognized software to detect and disinfect
any viruses.

Users understand and agree that any Content, User Content, application, software or
advertising that they download or otherwise obtain through the Website is at their own
discretion and risk and that they are solely responsible for the use thereof and any damage
whatsoever that may result, including but not limited to the use of this Content on Facebook
or any other website.

Notwithstanding anything to the contrary contained herein, the Company’s liability to the User
for any cause whatsoever, regardless of the form or nature of the claim or action, will at all
times be limited to the amount paid by the User, if any, to the Company for the Services, but
in no case will the Company’s liability exceed R1,000 (one thousand Rand).

By utilizing this Website the User acknowledges that if no fees have been paid by the User to
the Company for the use of the Website, Services or Content, the User shall be limited to
injunctive relief only, unless otherwise permitted by law, and the User shall not be entitled to
damages of any kind from the Company, regardless of the cause of the action.

Users agree to indemnify and hold the Company, its subsidiaries, affiliates, directors,
shareholders, officers, agents, contractors, partners, employees, suppliers, information
providers, licensors and service providers, harmless from and against any loss, liability, claim,
demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of
or in connection with any Content, User Content, applications, software or advertising Users
post or share on or through the Website (including without limitation through the Rumbaa.com
Application on Facebook), the Users’ use of the Services or the Website, the Users’ conduct
in connection with the Website, the Services or the Content or with other Users of the
Website, Services or Content, or any violation of this Agreement or of any law or the rights of
any third party.

Users agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates,
directors, shareholders, officers, agents, contractors, partners, employees, suppliers,
information providers, licensors and service providers against any and all losses, claims,
liabilities, expenses, damages and costs, including reasonable Attorney’s fees, resulting from
any violation of these Terms and Conditions of use or any activity relating to the Website,
Services or Content including but not limited to negligent and wrongful conduct by the User or
any other person accessing the Website, Services or Content by using another User’s
account.

To the fullest extent permitted by the law, the Company, its subsidiaries, affiliates, directors,
shareholders, officers, agents, contractors, partners, employees, suppliers, information
providers, licensors and service providers will have no obligation or liability, whether arising in
contract, warranty, negligence, product liability or otherwise, for any direct, incidental, indirect,
special or consequential damages or liabilities (including any loss of data, revenue or profit)
arising from the use of the Website, its Content or its Services, even if the Company has been
advised of the possibility of such damages.

This limitation applies to damages arising from (a) the use or inability to use the Website,
Content or Services (b) the cost of the procurement of substitute services (c) unauthorized
access to or the alteration of a User’s transmission by third parties (d) third party content
made available to the User through the Website (e) any other matter relating to the Website,
Content or Services.

The Website, Content and the Services may be unavailable from time to time for maintenance
or other reasons. The Company assumes no responsibility for any error, omission,
interruption, deletion, defect or delay in the operation of the Website or the delivery of its
Content or the transmission of its Services.

Competition Eligibility

Employees of the Company, it’s advertising and promotions’ agencies and immediate families
are not eligible for entry into competitions. Certain competitions may only be open to legal
Kenyan residents, over the age of eighteen.

Competition Rules

• Entry to all competitions hosted on the Website are subject to these Terms and Conditions
of Use, the Privacy Policy and the Rules of each competition.
• Unless otherwise specified, each person may only submit only one entry per competition.
• Entries submitted through the use of macros, scripts or any automated means are
ineligible.
• Competition entrants may be provided with the opportunity to increase their chances of
winning through referring other eligible persons to a specific competition.
• Competition entries are logged when received by the Company and not when sent by
entrants.
• The Company does not bear responsibility for entries lost through negligence, mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in operation or
transmission or any failure of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized access to our host’s records,
programes or services.
• Competition entries must be received within the specified dates and times.
• Specified dates and times are subject to change at the Company’s discretion.
• The judges’ decision is final and no correspondence will be entered into.

Drawing

• All entries with the correct answer(s) to the competitions’ qualifying question(s) will be
included in the draw.
• Additional entries, accrued through successful referrals to competitions, will be included in
the draw.
• The draw is made randomly from all correct entries.
• For competitions that accept postal and internet entries, prizewinners will be selected
randomly from a pooling of all entries.

Notification

• Prize-winners will be notified by email or telephone. In the event of email being
undeliverable to the address recorded in the Website’s registration form or entry form or
an email being unanswered, the Company reserves the right to draw other prizewinners
once reasonable attempts to contact the prize-winners have been made. Website
registrants are therefore required to make sure that the email address and telephone
number in the Website registration form or entry form are current.
• Prize-winners may be posted on the Website.
• Upon notification, prize-winners may be required to sign an affidavit confirming their
personal information.
• Entry into a competition confers upon the Company, its clients and/or appointed agents,
permission to use the prize-winner’s name, likeness and voice for purposes of promotion
or publicity without additional compensation.
• Winners for a specific competition can also be requested by sending a self-addressed and
stamped envelope to Rumbaa.com, PO Box 206 00621 Nairobi Kenya.

Submissions

The User acknowledges and agrees that any questions, comments, suggestions, ideas,
feedback or other information about the Website or the Services (”Submissions”), provided to
the Company are non-confidential and shall become the sole property of Company. The
Company shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to the User.

Registrant information

In order to avail of certain services provided by the Website, Users are required to register.
Registrants on the website hereby agree (1) to provide current, accurate and complete
information (2) to maintain the currency of this information (3) to secure their passwords (4) to
take full responsibility for any actions taking place using their accounts.

Termination of Registration

The Company may, at any time and at its sole discretion, with or without notice, terminate
your membership (or any part thereof), delete your profile and any content or information that
you have posted on the Website and / or prohibit you from using or accessing the Website or
any portion, aspect or feature of the Website for any reason (including conduct that violates
the Terms and Conditions of Use or other policies of the Company, conduct that is harmful to
other Website users, harmful to the Company), or for no reason, including without limitation if
it believes that you are under 13, or under 18 or abusing the Website or its Services.

Governing Law

This website is created, hosted, maintained and controlled in the Republic of Kenya and
as such the laws of the Republic of Kenya and the jurisdiction of the Kenyan
Court govern this user agreement and the use or inability to use the Website.

Arbitration

Disputes arising from the use of this website shall be referred to arbitration in terms of the
Rules Arbitration Act 1995 or any other Act of Parliament amending or replacing the same
where such Arbitration will take place in Nairobi, Kenya.

The User and the Company agree that, except as may otherwise be provided for in any
specific terms applicable to specific services on the Website, the sole and exclusive remedy
for any and all disputes relating to or arising out of use of the Website, its Services, its
Content or from these Terms and Conditions of Use, shall be final and binding arbitration,
except to the extent that the Company or User has in any manner infringed upon or violated
or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade
secret rights, or the User has violated any of the Terms and Conditions of then the parties
acknowledge that arbitration is not an adequate remedy at law and that injunctive or other
appropriate relief may be sought.

To the fullest extent permitted by governing law, no arbitration or claim under these Terms
and Conditions of use shall be joined to another arbitration or claim and no class arbitration
shall be permitted. In no instance shall any claim, action or proceeding by the User related in
any way to the Website, or the Content or the Services (including your visit to or use of the
Website, or Content or Services) be instituted more than three (3) years after the cause of
action arose.

With respect to any disputes or claims not subject to arbitration, you agree not to commence
or prosecute any action in connection therewith other than in courts of Kenya.

Copyright

Copyright © 2009 RoyKing Limited. All rights reserved.

Trademarks

The Company’s trademarks, domains and / or logo may not be used in any manner, either in
whole or in part, including as part of trademarks and domains that may cause confusion.

Intellectual Property Rights

All the content on the Website, including photographs, text, graphics, logos, icons, designs,
colours, layout and trademarks are the intellectual property of the Company or licensed to the
Company and its associates and as such are protected by Kenyan and International
Intellectual Property Law.

No content may be copied, edited, distributed, reproduced, published, transmitted, displayed,
modified or sold in any form, by any means, in whole or in part, without the Company’s prior
written permission.

Unauthorized use of the Website’s content may violate applicable laws including copyright
and trademark laws. Nothing in these Terms and Conditions of Use should be construed as
conferring any licence to the Company’s intellectual property rights, by estoppel, implication
or otherwise.

Changes

The Company reserves the right, at it sole discretion to make changes, modifications,
additions or deletions to these Terms and Conditions of Use at any time without notice. If
changes are made, the date of last revision will be updated at the top of this page. The
continued use of the Website after such changes constitute the Users’ acceptance of the
revised Terms and Conditions of Use. If Users do not agree to abide by these Terms and
Conditions, they should stop using the Website. It is the responsibility of Users to regularly
check the Terms and Conditions of the Website to review any changes that may have been
made.

Usage

These Terms and Conditions of Use constitute the entire agreement between the User and
the Company with respect to the use of the Website, the Content and the Services and
supersede any prior agreements between the User and the Company relating to the User’s
use of the Website, Content or Services. The failure of the Company to exercise or enforce
any right or provision of these Terms and Conditions of Use shall not constitute a waiver of
such right or provision in that or in any other instance. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force and effect. If any
provision of these Terms and Conditions of Use is deemed to be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining provisions.

User Waiver

By viewing the Website, Users may be exposed to Content that they consider to be offensive.
Users take sole responsibility for such exposure.

Reporting Violations

Please report an abuse of the Website, the Content or Services to abuse@Rumbaa.com.