Terms of Service

Any content you submit, post, or display on or through the Website, such as comments, inquiries, or project briefs, is considered "User Content." You retain ownership of any intellectual property rights that you hold in that User Content. However, by submitting User Content to Kickoff Africa, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the Website and Kickoff Africa's business, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

This license is necessary for us to operate the Website and provide our services. For example, if you submit a testimonial, we need the right to display it on our site.

You agree not to use the website to:

• Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website.
• Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
• Violate any applicable local, national, or international law.

This list isn't exhaustive. We expect you to use the Website responsibly and respectfully. Any breach of these rules may result in immediate termination of your access.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY KICKOFF AFRICA ON AN "AS IS" AND "AS AVAILABLE" BASIS. KICKOFF AFRICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

WE DON'T WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM KICKOFF AFRICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CAN'T guarantee the continuous, uninterrupted, or error-free operation of the Website. Sometimes things break, or maintenance is required. That's just how technology works.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KICKOFF AFRICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THIS INCLUDES, FOR EXAMPLE, LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

IF, NOTWITHSTANDING THE FOREGOING, KICKOFF AFRICA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN KICKOFF AFRICA'S LIABILITY WILL IN NO EVENT EXCEED THE GREATER OF (A) THE SERVICE FEES YOU PAID TO KICKOFF AFRICA IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).

These Terms of Service, together with any separate service agreements or statements of work, constitute the entire agreement between you and Kickoff Africa regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kickoff Africa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms, by operation of law or otherwise, without Kickoff Africa's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Kickoff Africa may freely assign or transfer these Terms without restriction.