Terms of Service
1. Acceptance of Terms
The Safari Place LLC, (theSafariPlace.com) provides a collection of
online resources under the service mark, The Safari Place LLC(tm), which
services include, contact listings, classified ads, forums, referrals, ratings
and various other services. The Safari Place LLC, reserves the right to add to
or delete any services it currently offers for any reason or for no reason at
all. Such services are hereinafter collectively referred to as the
"Service" and are offered subject to the following Terms of Service
("TOS") which may be amended from time to time. The Safari Place LLC
will provide notice of materially significant changes to the Terms by posting
notice to that effect on The Safari Place LLC web site. You can review the most
current version of the Terms at: http://www.thesafariplace.com.
Your use of the Service in any way constitutes your acceptance of these TOS. In
addition, when using any particular The Safari Place LLC services, you agree to
comply with any posted guidelines and/or rules for such particular services.
Like these TOS, such rules and/or guidelines may change from time to time at
the discretion of The Safari Place LLC. Should you object to any portion, term
or condition of these TOS, or to any guidelines or rules, as any of same may be
modified or amended from time to time, your only recourse is to immediately
discontinue your use of the Service.
2. Content
You understand that all listings, postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked to or from the Service, are the sole
responsibility of the person with whom such Content originated. More
specifically, you are entirely responsible for all Content that you post, email
or otherwise make available via the Service. You understand that The Safari
Place LLC does not monitor, control or own any Content or any part thereof, not
specifically created by or for The Safari Place LLC and made available to
general users of the Service. Accordingly, The Safari Place LLC is not
responsible for any Content made available through the Service by third
parties. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, The Safari Place LLC website and the Content may contain links to
other websites, which are completely independent of The Safari Place LLC. The
Safari Place LLC makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such websites.
If you visit or link to such other websites, you do so entirely at your own
risk. You expressly agree that you must evaluate, determine the suitability of,
and bear all risks associated with the use of any Content, in any manner. YOU
EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SAFARI PLACE LLC BE LIABLE
IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, LINKED TO OR OTHERWISE MADE
AVAILABLE VIA THE SERVICE. You further acknowledge that The Safari Place LLC
does not pre-screen, monitor or approve Content, however, The Safari Place LLC
shall have the right (but not the obligation), exercisable at any time and in
its sole discretion, to refuse, delete or move any Content that is available
via the Service, for violating the letter or spirit of the TOS or for any other
reason. You further acknowledge that The Safari Place LLC may ban any user or
group of users from, the service for any reason, without incurring any
liability to such banned users.
3. Registering with the Safari
Place LLC
In order to take advantage of certain The Safari Place LLC features, you may
be required to register. For example, you may be required to register if you
want to post consumer reviews of certain events, services or businesses in your
community.
Your Account
If you register for a The Safari Place LLC account, you will be allowed to
post listings, events, images, articles, ratings and reviews about The Safari
Place LLC businesses and other user reviews. By having a The Safari Place LLC
account you agree to take full responsibility for maintaining the
confidentiality of your account user name, password, and all related activity
that occurs under your account user name. If you violate these TOS, The Safari
Place LLC may, in its sole discretion, terminate your accounts, remove or
modify any account-related content or access (including, but not limited to,
reviews, newsletters, and user profile information), or take any other action
that The Safari Place LLC believes is appropriate.
4. Posting Listings on The Safari Place LLC
The Safari Place LLC shall have the right, but not the obligation, to refuse
to post or to remove any listings containing:
- Offensive language, including
harmful or abusive language, expletives or profanities, obscenities, or
hate speech, or harassing, vulgar, or sexually explicit language,
- References to illegal
activity,
- Content that contains
personal attacks,
- Content determined by The
Safari Place LLC to be illegal or to violate any federal, state, or local
law or regulation or the rights of any other person or entity,
- Content that is not in
English; that is encrypted; or that contains any viruses, Trojan horses,
worms, time bombs, cancel bots, or other computer programming routines
that are intended to damage, interfere with, intercept, or appropriate any
system, data, or personal information, or
- Content that violates the
standards of good taste or the standards of The Safari Place LLC, as
determined by The Safari Place LLC in its sole discretion.
Reviews are not endorsed by The Safari Place LLC
Reviews do not reflect the views of The Safari Place LLC, theSafariPlace.com or
their affiliated companies, employees, officers, directors, or shareholders.
The Safari Place LLC does not assume responsibility or liability for any
Review or for any claims, damages, or losses resulting from any use of the Site
or the materials contained therein.
Reviews are owned by The Safari
Place LLC
Reviews that are submitted to The Safari Place LLC shall be owned exclusively
and in perpetuity by The Safari Place LLC. Such exclusive ownership means that
The Safari Place LLC and its affiliated companies have the unrestricted,
perpetual, and exclusive right to use, reproduce, modify, translate, transmit,
and distribute any and all materials and communications regarding and including
submitted Reviews. The Safari Place LLC is under no obligation to give credit
or pay any consideration to you for your Reviews.
Contact Us
If you see objectionable content or have any questions about these Terms of
Use, please contact The Safari Place LLC at abuse@thesafariplace.com
5. Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "Act") addresses
the remedies available to copyright owners who believe that their proprietary
rights have been infringed on an internet site accessed through an internet
service provider. Under the Act, a copyright owner claiming unauthorized online
use of protected works is required to provide specific notice of such claim to
the Designated Agent of the host and request that the infringing material be
removed or that access to the material be blocked.
If you believe in good faith that The Safari Place LLC and/or thesafariplace.com
should be notified of a potential online copyright infringements occurring in
any part of the Content, please promptly notify The Safari Place LLC's
Designated Agent:
Director of Security
The Safari Place LLC
Nairobi St. #
Nairobi, KENYA
Phone: (254)020 000-0000
Fax: (254)020 000-0000
E-mail: abuse@thesafariplace.com
To be effective under the Act, your notification to The Safari Place LLC's
Designated Agent must be made in writing or by e-mail and must include the
following:
- Identification of the
copyrighted work that you claim has been infringed or, if multiple copyrighted
works are covered by a single notification, a representative list of such
works;
- Identification of the
material that you claim is infringing or to be the subject of infringing
activity and that is to be removed or to which access is to be disabled,
and information reasonably sufficient to permit The Safari Place LLC to
locate the page or portion of the site on which the infringing material
appears;
- Information reasonably
sufficient to permit The Safari Place LLC to contact you, such as an
address, telephone number, and if available, an electronic mail address;
- A statement that you believe
in good faith that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
- A statement under penalty of perjury
that the information in the notification is accurate and that you are
either the owner of an exclusive right that has allegedly been infringed
or are authorized to act on behalf of such owner; and,
- Your physical or electronic
signature (as either the owner of an exclusive right that is allegedly
infringed, or as a person legally authorized to act on behalf of such
owner).
Before you provide The Safari Place LLC with notification of a claimed
infringement, you should carefully review your claim to ensure that it is
accurate and made in good faith. Under the Act, there are substantial penalties
for false claims.
Upon receiving proper notification of an alleged copyright infringement
involving the posted material, The Safari Place LLC will review your claim and
take appropriate action in accordance with our TOS.
If you have received notice from The Safari Place LLC of a claim of
infringement made in relation to materials you placed on The Safari Place LLC
site, and you believe in good faith that such claim has been wrongly made
against you by the claiming party, you may submit a counter-notice to bring
about a private dispute between you and the party claiming copyright
infringement. You should provide your counter-notification to:
Director of Security
The Safari Place LLC
Nairobi St. #
Nairobi, KENYA
Phone: (254)020 000-0000
Fax: (254)020 000-0000
E-mail: abuse@thesafariplace.com
Before you provide us with counter-notification denying a claim of
infringement, you should carefully review your statement to ensure that it is
accurate and made in good faith. Challenges to claims of infringement must be
substantiated in court to withstand the claims by the copyright owner.
Please note: Do not send any other notices, including notifications of
account termination, service complaints or any other communications, to the
Designated Agent. The Designated Agent is appointed solely for the purpose of
receiving and reviewing claims of online copyright infringement made pursuant
to the Digital Millennium Copyright Act of 1998.
6. Privacy and Information Disclosure
The Safari Place LLC has established a Privacy Policy
to explain to users how their information is collected and used, located at
http://www.thesafariplace.com. Your use of the Safari Place LLC website and/or
the Service constitutes your acknowledgment and agreement to our Privacy
Policy. You further acknowledge and agree that The Safari Place LLC may, in its
sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process; enforce The Safari Place LLC's TOS; respond to claims that any Content
violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment; protect
the rights, property, or personal safety of The Safari Place LLC, its users or
the general public or for any other similar reason. Please note, your personal
information will not be sold, transferred or communicated to any third parties
under any other circumstances, however your sole recourse, in the event of The
Safari Place LLC's inadvertent disclosure of or failure to protect your
personal information shall be to terminate your use of the Service. Under no
circumstance shall The Safari Place LLC be liable to you for damages of any
sort for The Safari Place LLC's inadvertent failure to protect your personal
information or to disclose same to third parties in violation of these TOS.
7. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of
another's privacy, or is harmful to minors in any way,
- that is pornographic or
depicts a human being engaged in actual or simulated sexual conduct
including but not limited to (i) sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or (ii) bestiality, or (iii)
masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious
exhibition of the genitals or pubic area of any person,
- that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability,
- that impersonates any person
or entity, including, but not limited to, a The Safari Place LLC employee,
or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to messages that are
lawful non-deceptive parodies of public figures.),
- that includes personal or
identifying information about another person without that person's
explicit consent,
- that is false, deceptive,
misleading, deceitful, contains misinformation, or constitutes so-called,
"bait and switch" advertising,
- that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party, or Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships,
- that constitutes or contains
"affiliate marketing", "link referral code",
"junk mail", "spam", "chain letters",
"pyramid schemes", or unsolicited commercial advertisement,
- that constitutes or contains
any form of advertising or solicitation if (1) posted in areas of the
Service which are not designated for such purposes; or (2) emailed to
users of the Service who have requested not to be contacted about other
services, products or commercial interests.
- that includes links to
commercial services or web sites, except as allowed in
"services",
- that advertises any illegal
services or the sale of any items prohibited or restricted by applicable
law, including without limitation items prohibited or regulated by the
laws of Kenya,
- 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,
- that disrupts the normal flow
of dialogue with an excessive number of messages (flooding attack) to the
Service, or that otherwise negatively affects other users' ability to use
the Service, or
- that employs misleading email
addresses, or forged headers or otherwise manipulated identifiers in order
to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked
not to be contacted;
- "stalk" or
otherwise harass anyone;
- collect personal data about
other users for commercial or unlawful purposes;
- use automated means,
including spiders, robots, crawlers, data mining tools, or the like to
download data, including other users’ email addresses, from the Service;
- post non-local or otherwise
irrelevant Content, repeatedly post the same or similar Content or
otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
- post the same item or service
in more than one classified category or forum, or in more than one
metropolitan area; or
- attempt to gain unauthorized
access to our computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or impairs
the functionality of, the Service or The Safari Place LLC website.
8. No Spam Policy
You understand and agree that sending unsolicited email (whether or not such
email contains advertisements) to The Safari Place LLC email addresses or
through The Safari Place LLC or SimbaPC computer systems, is expressly prohibited
by these TOS. Such spamming will use or cause to be used computer servers that
might be located in a State under whose laws spamming is a crime. Accordingly,
any unauthorized use of The Safari Place LLC or SimbaPC computer systems is a
violation of these Terms and of certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.)
Such violations may subject the sender and his or her agents to civil and
criminal penalties.
9. Limitations on service
You acknowledge that The Safari Place LLC may establish limits concerning
use of the Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the Service,
and the frequency with which you may access the Service. You agree that The
Safari Place LLC has no responsibility or liability for the deletion of or
failure to store any Content maintained or transmitted by the Service. You
acknowledge that The Safari Place LLC reserves the right at any time to modify
or discontinue the Service (or any part thereof) with or without notice, and
that The Safari Place LLC shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
10. Access to the Service
The Safari Place LLC grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. By accepting this license you
agree that you will not download (other than page caching) or modify any part
or parts of the Service, nor will you download or modify any Content made
available via the Service (except for your own Content), without the express
written consent of The Safari Place LLC. This license does not permit the
collection, aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data gathering
and extraction tools for any purpose unless expressly permitted by The Safari
Place LLC. A limited exception is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website
or search engine or other service that specializes in classified listings or in
any subset of classifieds listings such as jobs, housing, for sale, services,
or personals, or which is in the business of providing classified ad listing
services.
The Safari Place LLC permits you to display on your website, or create a
hyperlink on your website to, individual postings on the Service so long as
such use is for noncommercial and/or news reporting purposes only (e.g., for
use in personal web blogs or personal online media). If the total number of
such postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of these TOS, absent
express permission granted by The Safari Place LLC to do so. You may also
create a hyperlink to the home page of The Safari Place LLC so long as the link
does not portray The Safari Place LLC, thesafariplace.com or their respective
employees, or its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
The Safari Place LLC may at some time offer various parts of the Service in
RSS format so that users can embed individual feeds into a personal website or
blog, or view postings through third party software news aggregators. The
Safari Place LLC will permit you to display, excerpt from, and link to the RSS
feeds on your personal website or personal web blog, provided that (a) your use
of the RSS feed is for personal, non-commercial purposes only, (b) each title
is correctly linked back to the original post on the Service and redirects the
user to the post when the user clicks on it, (c) you provide, adjacent to the
RSS feed, proper attribution to The Safari Place LLC as the source, (d) your
use or display does not suggest that The Safari Place LLC or thesafariplace.com
promotes or endorses any third party causes, ideas, web sites, products or
services, (e) you do not redistribute the RSS feed, and (f) your use does not
overburden The Safari Place LLC's systems. The Safari Place LLC reserves all
rights in the content of the RSS feeds and may terminate any RSS feed at any
time for any reason.
Use of the Service beyond the scope of authorized access granted to you by
The Safari Place LLC shall result in the immediate termination and revocation
of this license. If you wish to collect, aggregate, copy, duplicate, display or
make derivative use of the Service or of any Content made available via the
Service for other purposes (including commercial purposes) not stated herein,
you must first obtain a separate written license from The Safari Place LLC.
11. Termination of service
You agree that The Safari Place LLC, in the exercise of its sole discretion,
has the right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use of
the Service (or any part thereof), immediately and without notice, and remove
and discard any Content within the Service, for any reason, including, without
limitation, if The Safari Place LLC believes that you have acted inconsistently
with the letter or spirit of the TOS. Further, you agree that The Safari Place
LLC shall not be liable to you or to any third-party for any termination of
your access to the Service, whether such termination is accidental, intentional
or takes place for any other reason. Further, you agree not to attempt to use
the Service after said termination. Sections 2, 4, 6 and 10 through 18,
inclusive, shall survive termination of these TOS.
12. Dealings with organizations and individuals / Release of Claims
Your interactions with organizations, entities and/or individuals found on
or through the Service, including payment and delivery of goods or services,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such organizations, entities and/or
individuals. You expressly agree that The Safari Place LLC shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings. If there is a dispute between participants on this site,
or between users and any third party, you understand and agree that The Safari
Place LLC is under no obligation to become involved. You hereby release The
Safari Place LLC, its officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
13. Proprietary rights
The Service is protected to the maximum extent permitted by trademark,
patent and copyright laws and international treaties. Content displayed on or
through the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyright laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution
of the site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further reproduction or
redistribution is absolutely prohibited without the express written consent of
The Safari Place LLC. You further agree not to reproduce, duplicate or copy
Content from the Service without the express written consent of The Safari
Place LLC, and agree to abide by any and all copyright, trademark and patent
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service.
Although The Safari Place LLC does not claim ownership of content that its
users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right to
grant to The Safari Place LLC an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublicenses (through multiple tiers)
of the foregoing. Furthermore, by posting Content to any public area of the
Service, you automatically grant The Safari Place LLC all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for
any purpose.
THE SAFARI PLACE LLC is a trademark of The Safari Place
LLC.
14. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SAFARI PLACE LLC WEBSITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE SAFARI
PLACE LLC SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW. THE SAFARI PLACE LLC
DISCLAIMS ANY WARRANTIES FOR OR RELATED TO THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SAFARI PLACE LLC SITE AND THE SERVICE. TO
THE FULLEST EXTENT PERMITTED BY LAW. THE SAFARI PLACE LLC DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SAFARI PLACE LLC
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SAFARI PLACE LLC
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SAFARI PLACE LLC DISCLAIMS ANY WARRANTIES
FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SAFARI PLACE LLC
SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
15. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL THE SAFARI PLACE LLC BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE
SAFARI PLACE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE SAFARI PLACE LLC SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SAFARI PLACE LLC
SITE OR THE SERVICE, FROM INABILITY TO USE THE SAFARI PLACE LLC SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE SAFARI PLACE LLC SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SAFARI PLACE LLC
SITE OR THE SERVICE OR ANY LINKS ON THE SAFARI PLACE LLC SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SAFARI PLACE LLC SITE OR THE SERVICE OR ANY LINKS ON THE
SAFARI PLACE LLC SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdiction, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not
apply to you.
16. Indemnity
You agree to indemnify and hold The Safari Place LLC, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by you or any third
party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the TOS, your
breach of any of the representations and warranties herein, or your violation
of any rights of any third party.
17. General information
These TOS constitute the entire agreement between you and The Safari Place
LLC regarding your use of The Safari Place LLC site and the Content. These TOS
govern your use of the Service, and supersede any prior agreements between you
and The Safari Place LLC. The TOS and the relationship between you and The
Safari Place LLC shall be governed by the laws of the State of Kenya without
regard to its conflict of law provisions. You agree to submit to the personal
and exclusive jurisdiction of the courts located within Kenya and not
elsewhere. You waive any right you might have to object to the jurisdiction
and/or venue of such Courts. The failure of The Safari Place LLC to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of The Safari Place LLC
website, the Service and/or the TOS must be filed within one (1) year from the
date such claim or cause of action arose or be forever barred.
18. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to abuse@thesafariplace.com.
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You agree to pay The Safari Place LLC actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of these TOS, The Safari Place LLC retains the right to seek the
remedy of specific performance of any term contained in these TOS, or a
preliminary or permanent injunction against the breach of any such term or in
aid of the exercise of any power granted in these Terms, or any combination
thereof.
19. Feedback
We welcome your feedback on this document on our Contact Us page.
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