TERMS AND CONDITIONS

TERMS OF USE


INTRODUCTION AND ACCEPTANCE

Please read these terms of use carefully before using the website. By accessing and/or using the website (other than to read these terms of use for the first time) you are agreeing to comply with these terms of use, which may change from time to time as set forth below. Such changes become effective immediately and if you use the website after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review these terms of use regularly so you are aware of the most current rights and obligations that apply to you. If you do not agree to be bound by these terms of use, do not access or use the website.the materials contained in this website are protected by applicable copyright and trademark law

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same and the possibility of publication or publicity of your User Content, as "User Content" is defined below.

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: Privacy Policy and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.

The Website is only made available to users 18 years of age or older who reside in the Republic of Kenya, its territories and possessions. If you are not 18 years old, or do not reside in the Republic of Kenya, please discontinue using the Website immediately, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Website immediately. By using or attempting to use the Website, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Website.

INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

WEBSITE ACCESS AND USE

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Furthermore, except as expressly permitted in these Terms of Use, you may not:

.Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;

.Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;

.Use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

.Transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

.Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

.Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;

.Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

.Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

.Decompile, reverse engineer, or disassemble any portion of any the Website;

.Use network-monitoring software to determine architecture of or extract usage data from the Website;

.Encourage conduct that violates any local, state or county law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as "Membership" is defined below without permission, etc.);

.Affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;


Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.


USER REGISTRATION

In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.

If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create account with a password (a "Membership"), which may permit you access to certain areas of the Website at a fee not available to non-registered users and registered users who have not made payment of the charged fee. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at privacy@nakeepfit.com of any breach of security or unauthorized use of your Membership.

USER CONTENT

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:

.Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

.Affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;

.Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;

.Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

.Is an advertisement for goods or services or a solicitation of funds;

.Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

.Contains a formula, instruction, or advice that could cause harm or injury; or

.Results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content

F. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our (and third party) advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

G. E-COMMERCE

All information and tools presented within this site are intended for guidance purposes. Any health, diet or exercise advice is not intended as medical diagnosis or treatment. If you think you have any type of medical condition you must seek professional advice even if you believe it may be due to diet, food or exercise. Nakeepfit.com is not a medical institute and therefore none of its staff will give any diagnosis or medical advice. By using our site you agree to our terms

Nakeepfit.com was established to provide good, practical information to help healthy adults in their weight loss and living healthy efforts. This site is not intended for people under 18 years, pregnant or breast feeding women, underweight individuals or people with eating disorders or any health condition that requires a special diet. We do not guarantee that the information will be completely accurate. Therefore the author, publisher or and owners cannot be held responsible for any errors, omissions or inaccuracies published.

The owners, distributors and any participants disclaim all liability or loss in conjunction with any content provided here. We disclaim any liability for products or services recommended on the Nakeepfit.com site including defective products or direct, indirect, special, incidental or consequential damages, arising out of the use or the inability to use the materials/information published or products sold on this site. YOU SHOULD ALWAYS CONSULT YOUR PERSONAL DOCTOR BEFORE USING ANY DIETARY, EXERCISE OR HEALTH ADVICE FROM THIS SITE!

We urge all our web site USERS to seek medical / professional advice before beginning any weight loss program, exercise, training regime or any diet. When embarking on any training OR weight loss program we also urge people to start slowly and gradually. Always select exercises that are safe. If you experience discomfort, distress or any other symptom whilst exercising please do not continue. WE RESPECT THE SAFETY AND WELLBEING OF OUR USERS THEREFORE WE DO NOT PROVIDE ANY DIAGNOSIS OR MEDICAL ADVICE

You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information before starting any diet or exercise program. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

H. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

We may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from us, either by registering on this Website or via their wireless device. Such services and promotional opportunities are provided by the Advertisers or other third parties. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to these Terms of Use and, including without limitation, the Privacy Policy.

Users that register for the wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from us. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

Users that register for the wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from us. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.

You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Website.

INDEMNIFICATION

You agree to indemnify and hold harmless the Website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

DISCLAIMERS

You expressly agree that use of the website is at your sole risk. The website and website content are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies disclaim any and all warranties including any: (1) warranties that the website will meet your requirements; (2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the website or website content; (3) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised on our website or accessed through the website; (5) warranties concerning the accuracy or reliability of the results that may be obtained from the use of the website; (6) warranties that your use of the website will be secure or uninterrupted; and (7) warranties that errors in the software will be corrected.

LIMITATIONS

Under no circumstances shall the website, us, or our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if the above listed parties have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with the website or these terms of use. your sole remedy for dissatisfaction with the website including, without limitation, the website content is to stop using the website. such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with any of the website or any links on the website, as well as by reason of any information or advice received through or advertised in connection with any of the website or any links on the website. such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the website./p>

TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

AMENDMENT; ADDITIONAL TERMS

Nakeepfit may revise these terms of use for its website at any time without notice. By using this web site you are agreeing to be bound by the then current version of these terms and conditions of use.

Governing Law

Any claim relating to PigiaMe's website shall be governed by the laws of Kenya without regard to its conflict of law provisions togeneral terms and conditions applicable to use of a website