These Terms of Service (“Terms”) govern your access to and use of the Mediamax Waves mobile application (the “App”) and related services, features, content and websites that link to these Terms (collectively, the “Services”), operated by Mediamax Network Ltd (“Mediamax”, “we”, “us”).
By downloading, accessing or using the App or Services, you agree to these Terms. If you do not agree, do not use the App or Services.
1.Access and Eligibility
You must be at least 13 years old (or the minimum age required by law in your country) to use the App. If you are under 18, you confirm you have permission from a parent or legal guardian.
You may not use the App where doing so is unlawful.
2.Changes to These Terms
We may modify these Terms from time to time. Updated Terms become effective once posted. Your continued use of the App after changes means you accept the updated Terms.
3.License to Use the App
Subject to these Terms, Mediamax grants you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use.
You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the App except where permitted by law.
4.User Accounts and Registration
Some features may require registration. You agree to provide accurate and current information and to keep it updated. You are responsible for all activity under your account and for keeping your login details secure.
You may not sell, transfer, or assign your account.
5.Acceptable Use / Code of Conduct
You agree not to use the App or Services in a way that:
- violates any law or regulation
- infringes Mediamax’s rights or the rights of others
- is harmful, abusive, threatening, defamatory, obscene, indecent or discriminatory
- interferes with the security or operation of the App
- sends spam, junk mail, chain letters or unsolicited promotions
- attempts to gain unauthorised access to systems or user data
We may suspend or restrict access if we believe you have violated these Terms.
6.Content and Intellectual Property
All content in the App (including audio streams, text, graphics, logos, designs, software and layout) is owned by Mediamax or its licensors and is protected by intellectual property laws.
You may not use Mediamax content except for personal, lawful use of the App.
7.Third-Party Services and Links
The App may display content, advertisements or links from third parties (including analytics and advertising providers). Mediamax is not responsible for third-party content, services, websites, or their policies.
Your use of third-party services is at your own risk and may be governed by those third parties’ terms.
8.Public Posts and User Submissions (If Applicable)
If the App allows you to post comments or other content (“User Submissions”), you are solely responsible for what you submit. You confirm that you have all rights needed to submit the content and that it does not violate any law or third-party rights.
You grant Mediamax a worldwide, non-exclusive, royalty-free license to use, display, reproduce, distribute and adapt your User Submissions for the purpose of operating, promoting and improving the Services.
We may monitor, remove, edit or restrict access to User Submissions at our discretion.
9.Unsolicited Submissions
Do not send unsolicited ideas, concepts or creative materials. Any unsolicited submissions will be treated as non-confidential and non-proprietary, and Mediamax may use or discard them without obligation.
10.Privacy
We respect your privacy. Please review our Privacy Policy for information on how we collect, use and share data.
11.Service Availability and Disclaimers
The App and Services are provided on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee uninterrupted availability, stream uptime, error-free operation, or that specific stations, shows or features will always be available.
To the maximum extent permitted by law, Mediamax disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
12.Limitation of Liability
To the maximum extent permitted by law, Mediamax (including its directors, employees, affiliates and partners) will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill arising from or related to your use of the App or Services.
If Mediamax is found liable despite the above, Mediamax’s liability will be limited to the amount (if any) you paid to use the App during the 12 months prior to the event giving rise to the claim.
13.Indemnity
You agree to indemnify and hold harmless Mediamax and its affiliates from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from your misuse of the App or Services, your violation of these Terms or any law, your User Submissions, or your infringement of any third-party rights.
14.Termination
We may suspend or terminate your access to the App at any time if we believe you have violated these Terms or if necessary to protect the App, users or Mediamax.
You may stop using the App at any time.
15.Governing Law and Jurisdiction
These Terms and any dispute relating to the App or Services are governed by the laws of the Republic of Kenya. Any dispute shall be brought exclusively in the courts of Kenya, including the High Court of Kenya.
16.Contact Us
Mediamax Network Ltd
Email: digital@mediamax.co.ke