We at UzaUziwa.com hope you find our services useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content / postings (together, “UzaUziwa.com”), you agree to these Terms of Use (“TOU”) (last updated June 29, 2023). You acknowledge and agree UzaUziwa.com is a private site owned and operated by Thrrivve. If you are accessing or using uzauziwa.com on behalf of a business, you represent and warrant to UzaUziwa.com that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use UzaUziwa.com or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use UzaUziwa.com. Our privacy policy (UzaUziwa.com/privacy-policy), prohibited list (UzaUziwa.com/prohibited), and all other policies, site rules, and agreements referenced below or on UzaUziwa.com, are fully incorporated into this TOU, and you agree to them as well.

LICENSE:

If you agree to the TOU and (1) are of sufficient age and capacity to use UzaUziwa.com and be bound by the TOU, or (2) use UzaUziwa.com on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use UzaUziwa.com in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from UzaUziwa.com, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid / sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE:

Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with UzaUziwa.com, e.g. for downloading, uploading, creating / accessing / using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy / collect UzaUziwa.com content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings / communications / accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of UzaUziwa.com’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse UzaUziwa.com’s flagging or reporting processes. You agree not to collect UzaUziwa.com user information or interfere with UzaUziwa.com. You agree we may moderate UzaUziwa.com access / use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access / license / account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available UzaUziwa.com or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide UzaUziwa.com, (iii) combine or integrate UzaUziwa.com or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects UzaUziwa.com or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use UzaUziwa.com or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

LIQUIDATED DAMAGES:

You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for:

(A) collecting / harvesting UzaUziwa.com users’ information, including personal or identifying information – TZS 10,000 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of UzaUziwa.com without that party’s express written consent – TZS 3,000,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of UzaUziwa.com – TZS 3,000,000 per violation; (D) posting or attempting to post Prohibited Content – TZS 10,000 per violation; (E) posting or attempting to post Prohibited Content in any paid section of UzaUziwa.com – the price per post applicable to that section of UzaUziwa.com; (F) sending an unauthorized / unsolicited email to an email address obtained from UzaUziwa.com – TZS 80,000 per violation; (G) using UzaUziwa.com user information to make / send an unauthorized / unsolicited text message, call, or communication to a UzaUziwa.com user – TZS 1,500,000 per text/call / communication; (H) creating a misleading or unlawful UzaUziwa.com account or buying / selling a UzaUziwa.com account – TZS 15,000 per violation; (I) abusing or attempting to abuse UzaUziwa.com’s flagging or reporting processes – TZS 10,000 per violation; (J) distributing any software to facilitate violations of the USE Section – TZS 3,000,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting UzaUziwa.com content for any purpose without our express written consent – TZS 9,000,000  for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of UzaUziwa.com in any 24-hour period – TZS 3,000 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – TZS 15,000 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES:

When you make a paid posting at UzaUziwa.com, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER & LIABILITY:

To the full extent permitted by law, UzaUziwa.com through its parent company – Thrrivve, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“UzaUziwa.com Entities”) (1) make no promises, warranties, or representations as to UzaUziwa.com, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide UzaUziwa.com on an “AS IS” and “AS AVAILABLE” basis and any risk of using UzaUziwa.com is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with UzaUziwa.com. UzaUziwa.com Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to UzaUziwa.com, and in no event shall such liability exceed TZS 100,000 or the amount you paid us in the year preceding such loss.

CLAIMS & INDEMNITY:

Any claim, cause of action, demand, or dispute arising from or related to UzaUziwa.com (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Tanzania (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Tanzania; (2) indemnify and hold UzaUziwa.com Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of UzaUziwa.com; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS:

“UzaUziwa.com” and its symbol logo are registered trademarks with the Tanzania Patent and Trademark Office and with multiple trademark offices around the world.

MISC:

Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access UzaUziwa.com thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.