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TERMS OF USE

Version: 3.16.04.2023
Last updated: 16 April 2023

Your use or access of any part of this website signifies your acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Mystery Publishers LTD (“we” or “us” or “our” or “MPL”) concerning your access to and use of the www.mysterypublisherslimited.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). The Site provides a platform where users seeking written content can find and services provided by the MPL (the “Services”). These Terms of Use apply to all Site users, including, without limitation, customers, clients, writers, content contributors, and advertisers. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. You agree that by using the Site and/or the Services, you have read, understood and agree to be bound by all of these Terms of Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

The Site is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Site or use the Services.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by or licensed to us and are protected by copyright and trademark laws and other various intellectual property rights and unfair competition laws of the Republic of Kenya, foreign jurisdictions, and international conventions. The Content on the Site is provided to you “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Services and no Content or Marks may be copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, encoded, translated, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you have the right to use, while we retain all copyright and other proprietary notices contained therein. We reserve all rights not expressly granted to you in and to the Site, the Services, the Content, and the Marks.

MARKETPLACE

The Site provides an online shop (Bookstore and eBookstore) for purchase of books, services, and any other product we offer for sale.

CUSTOMER REGISTRATION

To purchase a product (book or service), you may or may not register with the Site. By registering with the Site, you represent and warrant that:

  • all registration and profile information you submit will relate to you and not a third party and will be true, accurate, current, and complete;
  • you will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current, and complete;
  • you will keep your password confidential and will be responsible for all use of your password and account;
  • you are not a minor in the jurisdiction in which you reside;
  • you have the legal capacity to, and you agree to comply with these Terms of Use;
  • you will not access the Site through automated or non-human means, whether through a robot, script or otherwise;
  • you will not register for more than one account;
  • you will not use the Site or the Services for any illegal or unauthorized purpose; and
  • your use of the Site or the Services does not violate any applicable law or regulation.

We may at any time verify your identification, including by requiring a copy of a government-issued photo ID, a credit card or billing statement, a tax receipt, and/or any postmarked business mail or by using a third-party identification service.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

EMAIL COMMUNICATIONS

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communication be in writing.

PROHIBITED ACTIVITIES

You may not access or use the Site or the Services for any purpose other than that for which we make them available. The Site is for your personal use only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a registered user of the Site, you agree not to:

  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretences;
  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  • engage in unauthorized framing of or linking to the Site;
  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools;
  • interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  • attempt to impersonate another user or person or use the username of another user;
  • sell or otherwise transfer your profile;
  • use any information obtained from the Site in order to harass, abuse, or harm another person;
  • use the Services as part of any effort to compete with us or to provide services as a service bureau;
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site;
  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
  • delete the copyright or other proprietary rights notice from any Content;
  • copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  • except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; and
  • use the Site in a manner inconsistent with these Terms of Use or any applicable laws or regulations.

REVIEWS

You acknowledge and agree that by submitting a review to us, you grant to us a perpetual, non-exclusive, worldwide, royalty-free, unpaid, assignable, sub-licensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute the review, in whole or in part. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

GUIDELINES FOR REVIEWS

You may submit a customer review on any of our products you purchase on any of these platforms: Google, Facebook, Trust Pilot, or our Website. We use a third-party reviews service provider, Trustpilot.com. By submitting a review, you are expressing acceptance of these Terms and Conditions for Reviewers.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the reviews to be objectionable or inaccurate.  When posting a review, you must comply with the following criteria:

  • you should have firsthand experience with the subject being reviewed;
  • your reviews should not contain profanity or offensive, abusive, racist or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
  • you should not be affiliated with competitors if posting negative reviews;
  • you should not make any conclusions as to the legality of conduct; and
  • you may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

USER FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, Feedback, or other information about the Site or the Services (the “Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Feedback.

PRIVACY

We care about the privacy of our users. Please carefully read and review our Privacy Policy. By using the Site or the Services, you agree to be bound by our Privacy Policy, which is incorporated by reference into these Terms of Use.  Please be advised that the Site and the Services are hosted in the United States (Los Angeles, CA and Ashburn, VA).  If you access the Site or the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your use of the Site or the Services, you are transferring your data to the United States. You expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

SITE MANAGEMENT

We reserve the right but do not have an obligation to:

  • monitor the Site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion, and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Services.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with applicable law. We will remove any infringing materials from the Site, and, in appropriate circumstances, we will disable or terminate the accounts of any of our writers reported to have infringed on the copyright of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at legal@mysterypublisherslimited.com. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney’s’ fees, incurred as the result of our reliance on your misrepresentation in removing or disabling access to such material.

THIRD-PARTY WEBSITES AND CONTENT

The Site contains (or you may be sent through the Site or the Services) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Sites or Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access any Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that our Terms of Use and policies no longer govern. You should review the applicable terms of use and policies, including privacy and data gathering practices, of any Third Party Sites to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Sites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from Third Party Content or any contact with Third Party Sites.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or the Services or are otherwise a user or member of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE UPLOADED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site or any of the terms or conditions contained in these Terms of Use at any time or for any reason, in our sole discretion, without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Services at any time or for any reason, in our sole discretion, without notice. We will alert you about any changes by updating the “Version” of these Terms of Use.  Any changes or modifications will be effective immediately upon posting the updated Terms of Use on the Site, and you waive any right to receive specific notice of each such change or modification. Your continued use of the Site or the Services after such posting means you accept and agree to be bound by the modified Terms of Use. We encourage you to periodically review these Terms of Use to stay informed of updates. You agree to be responsible for monitoring changes to the Site or the Services.

We cannot guarantee that the Site and the Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Services during any downtime or discontinuance of the Site or the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND VENUE

These Terms of Use and your use of the Site and the Services are governed by and construed in accordance with the laws of the Republic of Kenya, where we operate our business, and the United States (Los Angeles, CA and Ashburn, VA), where our website is hosted. Any legal action of whatever nature by or against us arising out of or related in any respect to the Site or the Services shall be brought solely in the applicable international private law or the court located in or with jurisdiction over the Republic of Kenya. You and we hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such federal and state courts. In no event shall any claim, action, or proceeding by you related in any way to the Site or the Services be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce these Terms of Use.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.

DISCLAIMERS

THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND MATERIALS;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED, TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, OR SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES RETAINED BY US IN CONNECTION TO YOUR PROJECTS DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Because some states or jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you, and you may have additional rights.

INDEMNITY

You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates, and our respective officers, agents, partners, and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • your use of the Site and/or the Services;
  • a breach of these Terms of Use;
  • any breach of your representations and warranties set forth in these Terms of Use; or
  • your violation of the rights of a third party, including but not limited to, intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC TRANSACTIONS AND SIGNATURES

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which requires an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits other than by electronic means. Signatures and identities are not authenticated on the Site.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US  

In order to receive further information regarding the Site or use of the Services, please contact us at:

Email: info@mysterypublisherslimited.com

Tel: +254 718 429 184

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