PENJI is a question-and-answer platform where you can submit questions to be answered and answer questions from others based on personal experience or professional knowledge and earn points while at it. Please note that the Service includes information and software provided from our third party licensors. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the Service are also subject to the TOU.Acceptance of Terms and Changes to services
Penji provides the Service to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Site. Your continued use of the Service, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Service.YOUR LICENSE TO USE PENJI SERVICES
Penji grants you a personal, non-exclusive, non-transferable, revocable license to use the Service, including the Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Service, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Penji and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not:
(i) Decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or
(ii) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Service. You may not access the Service by any means other than through the interface that is provided by Penji.
Furthermore, you may not use the Service in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Service in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Service in any manner that could interfere with any other party's use and enjoyment of the Service. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Service. All commercial and/or unauthorized use of the Service is strictly prohibited. You agree not to use or resell the Service for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
The Service may permit you to post, submit, transmit, email, or otherwise make available questions, answers, comments, images, videos or other information (collectively, "Postings".) You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that
(i) Contain falsehoods or misrepresentations that could damage Penji or any third party;
(ii) Are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate;
(iii) Contain advertisements, solicitations of business or spam;
(iv) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
(v) Collect or store personal information about others or otherwise invade their privacy; or
(vi) Impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the TOU.
You acknowledge that Penji is not obligated to pre-screen content submitted by members, but that penji shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via Penji by any user that violates the TOU or is otherwise objectionable.
Penji respects the intellectual property of others and asks you to do the same. Penji may, in appropriate circumstances and at its sole discretion, terminate your right to use the Service for any reason, including, but not limited to, if you are a repeat infringer. 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.Modification to Penji service
Penji reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that penji shall not be liable to you or to any third party for any such modification, suspension or discontinuance.Dealings with Advertiser or third-party vendors
Penji may include advertisements on the Service, which are necessary for penji to provide the Service to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Service, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that penji shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Service.Co-branding and Links
Anyone linking to the Service must comply with the following guidelines and all applicable laws: A site that links to any Service
(i) may link to but not replicate the Service's content;
(ii) Should not create a browser or border environment around any Service's content;
(iii) Should not imply that Penji is endorsing it or its products;
(iv) Should not misrepresent its relationship with Penji or the Service;
(v) Should not present false information about Penji or the Service;
(vi) Should not use any Penji's trademarks, trade names, or logos without permission from Penji; and
(vii) Should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICE. ADDITIONALLY, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. PENJI, AND ITS THIRD-PARTY LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.
PENJI, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE PROVISION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR
(v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICE.
THE SERVICE MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICE. YOU SHOULD NOT USE THE SERVICE FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL OR OTHER PROBLEMS OR DIFFICULTIES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE ENTIRE RISK FOR USE OF THE SERVICE IS BORNE BY YOU.
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICE IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICE AND/OR ANY MATERIAL LINKED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL PENJI', OR PENJI’S LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICE EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID PENJI FOR SUCH USE
You agree to indemnify and hold Penji, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from
(i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Service,
(ii) your use of or reliance on the Service,
(iii) your connection to the Service,
(iv) your violation of the TOU, or
(v) your violation of any rights of another party.
The Penji.co.ke and other Service names, trademarks and logos are trademarks of Penji or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of Penji. The trademarks, logos, and service marks not owned on behalf of Penji and that are displayed on the Service are the registered or unregistered marks of their respective owners. No rights are granted by Penji to use such marks, whether by implication, estoppel, or otherwise.Choice of law
The TOU and the relationship between you and Penji shall be governed by the laws of the State of Kenya without regard to its conflict of law provisions.Location Outside Kenya
If you are located outside the Kenya, then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Service, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.