Terms

1. The Blog
1.1 Acceptance of Terms and Conditions
The use of this website is conditional upon your acceptance of these Terms of Use. You will be deemed to have accepted these Terms of Use by using this website. We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the website. You are responsible for ensuring that you regularly review the Terms of Use. If you do not agree to these Terms of Use you must not use this website.
1.2 User Agreement
These Terms of Use constitute the agreement between you and Free Hookups Kenya (the “Blogger”) in respect of your use of the Service and the Website (the "Agreement").
1.3 Legal access
You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.1.4 Contact
This website is operated by the Blogger, who is a Kenyan.
Our Contacts are:
  • Email: freehookpske@gmail.com
2. Membership
2.1 Eligibility
You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms of Use.
2.2 Formation of Contract
By using the website you enter into a contract with the Blogger in respect of the Website that may or may not be free of charge. You are free send your photo and details to be posted for free on the website but you will have to pay a specified fee should you require the Blogger to send you  telephone or email contacts of people on the website.
2.3 Membership
(a) There is no membership and posting your profile and comments is free of charge. However you pay a fee for us to send you contacts of the people you find on the website.
 (b) You acknowledge that currently the Blogger does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Blogger to conduct such investigation and the Blogger reserves the right to refuse to post or remove your details and photos if you breach any warranty of or your representation proves to be false.
2.4 Subscription Plans and Fees
There is no registration or subscription fee.
2.5 Verification of Identity
We are not in position to verify the authenticity of information provided by our users and will therefore not be responsible for consequences arising from members who provide false information. Our users are however advised to be careful when dealing with strangers. Do not give money or too much private information to anybody until you know them well.
2.9 Payment
The site if free to use. You only pay if you require us to send you contacts of someone you see on the site. Payments are done by Mpesa, Airtelmoney or Paypal. Details will be provided to you when you are ready to pay.
 3. The Service
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Blogger is under no obligation to broker any other member or members for you.
4.1 Own risk
You acknowledge that your use of the Service and the Website is solely at your own risk.
4.2 Accurate information
You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Blogger is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.
Without limiting the above, you must not transmit or post on our website, any images that contain:
1.     images of any person other than you;
2.     nudity;
3.     images of other objects that do not contain you;
4.     a cartoon or illustration (even if it is of you).
4.3 Information not confidential
You agree that any material or information provided by you, save and except for any Personal Information (which may include your full name, postal address, telephone number etc.), the use of which is governed by our Privacy Policy, will be treated as non-confidential and non-proprietary and we may use such material or information without restriction. Specifically, you consent to the Blogger using such material or information (including any profile information, photographs, video or audio recordings) in order to copy your profile into any other relevant dating site owned and operated by the Blogger. You acknowledge that any such material or information provided by you will be available for other  users of the Website to read.
4.4 Information available overseas
(a) Any profile information that you have provided to us will be publically viewable on your profile, irrespective of the location of the viewer. By creating a profile you acknowledge that overseas recipients will be able to view your profile. You consent to the transfer of information provided by to members residing in countries other than your country of residence.

(b) the Blogger globally utilises servers for the storage of your Personal Information which may be located in a country other than your country of residence. You consent to the transfer of Personal Information to countries other than your country of residence, which will be facilitated by the Blogger only in accordance with the terms of our Privacy Policy.

4.5 Copyright assigned
You agree that all copyright which subsists in any material or information provided by you to the Blogger is assigned to the Blogger for use within the scope of these Terms of Use. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
4.6 Legal access
You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
4.6 Exposure to Viruses
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
4.7 Content of Profile
(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.
(b) You agree that you will not upload or post onto your profile or the Website any content which:
  • (i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or
  • (ii) depicts, describes, identifies or alludes to any person other than yourself.
4.8 Interaction with members
You are solely responsible for your interaction with other members of the Service.
4.9 Negative covenants
You represent, warrant and covenant that:
(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;
(b) you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);
(c) you will not use the Service to engage in group sexual activity or to solicit contact for the purpose of extra-marital encounters or affairs, solicit or engage in prostitution or any other activities that may be illegal in your country of residence;
(d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way;
(e) you will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(f) you will not use the Service or the Website for any unauthorised commercial purposes;
(g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website;
(h) you will not send money or provide financial information to any person that you have communicated with or met via the Website. The Blogger will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the “report abuse” function on the member’s profile;
(i) you will not solicit or attempt to solicit passwords from other members;
(j) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(l) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;
(m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information;
(n) you will not use non-human or automated bots to login to the Service;
(o) when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive (“Offensive Conduct”). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you;
(p) All members of our websites are required to be over 18. Our Blogger has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency.
4.10 Notification of Copyright Infringement
(a) The Blogger respects the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual right belonging to a third party, you may submit a notification by providing the following information to The Blogger:
  • (i) Your contact details – including address, telephone number, and email address;
  • (ii) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  • (iii) A description of the work or other intellectual property that has or is suspected to have been infringed;
  • (iv) The name of the website where the suspected infringing material is located;
  • (v) A description of where the suspected infringing material is located on the Website;
  • (vi) A statement from you which:
  • (A) outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law;
  • (B) is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
 4.11 Use of Images
In addition to the provisions of clause 4.5, by providing any photographs, material, information or content to the Blogger, you acknowledge and agree that the Blogger may:

(a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content;

(b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and

(c) licence others the same rights granted to the Blogger in (a) and (b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.
5. Information
5.1 Monitor Information
We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms of Use.
5.2 Editing Information
While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.
5.3 Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organisations and companies are prohibited from registering as member. You are authorised to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
7. Direct Marketing
You agree and consent that the Blogger may use and disclose Personal Information that the Blogger collects for the purpose of direct marketing.
8. Communication
The Blogger reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Blogger and its affiliated businesses.
9. Advertisements
9.1 Sole Responsibility
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Blogger. Each advertiser is solely responsible for any representation made in connection with its advertisement.
10. Intellectual Property Ownership
The Blogger retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
10.1 Copyright
Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Blogger. You may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website; or
(b) Commercialise any information, products or services obtained from any part of the Service or the Website;

without our prior written permission.
11. Privacy Policy
We undertake to comply with the terms of our Privacy Policy which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.
12.0 No warranties as to accuracy
We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Blogger or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
12.1 No warranties as to availability
We do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
12.2 No Liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Blogger does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Blogger has been advised of the possibility of such damage;
(b) The Blogger does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;
(c) The Blogger does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
13. Specific Warnings Regarding Online Dating
13.1 Risks
You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretence or for a criminal purpose.
You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online dating safety tips prior to using the service.
13.2 No warranty as to identity of member
You acknowledge that user authentication on the internet is extremely difficult. The Blogger cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Blogger cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.
14. Communication
The Blogger reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Blogger and its affiliated businesses.
15. Termination
15.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
15.2 Termination of membership by you
You may terminate your use of the website at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be may be emailed to the email address listed in the Contact Us section of the Website, or may be sent by Sms or Whatsapp.
15.3 Termination of your access to Service
We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
15.5 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address or Telephone number you provide to us.
16. Indemnity
To the extent permitted by law, you agree to indemnify, defend and hold the Blogger, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Blogger, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:
(a) any breach by you of these terms;
(b) any unauthorised use of the site that can be connected or associated to you;
(c) any breach by you of any law; and
(d) any act or omission that you may do in connection with the site.
You agree to cooperate fully in the defence of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.
17. General
17.1 Failure to Comply
The Blogger accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.
17.2 No Waiver
If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
17.3 Severability
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall continue in full force.
17.4 Variation
We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.
17.5 Assignment
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Blogger has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Blogger, in the event that the Blogger's obligations under this Agreement are assumed by a third party, the Blogger shall be relieved of any and all liability under this Agreement.
17.6 Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Blogger as a result of this Agreement or your use of the Service or the Website.


18. Definitions
In these Terms of Use, the following expressions have the corresponding meanings:
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Commercialise" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;
"Blogger" means Free Hookups Kenya, a blog  registered by Google.
"Personal Information" means Information or an opinion (including information or an opinion forming part of a database) whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the Information or opinion, and includes Sensitive Information;
"Privacy Policy" means the Blogger's privacy policy which is available on the Website;
"Sensitive Information" means:
(a) information or an opinion about any individual's:
  • (i) racial or ethnic origin;
  • (ii) political opinions;
  • (iii) membership of a political association;
  • (iv) religious beliefs or affiliations;
  • (v) philosophical beliefs;
  • (vi) membership of a professional or trade association;
  • (vii) membership of a trade union;
  • (viii) sexual preferences or practices; or
  • (ix) criminal record,
  • that is also personal information;
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information.
"Service" means the facilities made available for members via the Website;
"Website" means this blog which is owned and operated by the Blogger;
"Terms of Use" means these Terms of Use as amended by the Blogger from time to time, which form the agreement between you and the Blogger;
"we", "us" and "our" all refer to the Blogger.

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