Get Personalized Video Messages
From Your Favorite Celebrities
in Kenya

TERMS OF SERVICE

This Site Terms of Service Agreement (“Terms”) governs your use of the MBOGI™ marketplace platform for personalized video shout-outs and other products and services offered by Mbogi Limited. dba MBOGI (“we,” “us,” or “MBOGI”) through our website (MBOGI.co), mobile application (“App”), and through the services we provide (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of our Site

These Terms apply to visitors to and users of our Site. Any use by you of our Site as a Talent User (defined below) will be governed by the Talent Terms of Service

PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, agreeing by creating or when logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use our Site.

ARBITRATION NOTICE: Section 15 of these Terms contains provisions governing how claims that you and MBOGI have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between you and MBOGI to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 15: (1) you will be permitted to pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims

Table of Contents

  1. MBOGI Videos
  2. Additional Terms
  3. Eligibility
  4. Fees and Payment
  5. Ownership
  6. Acceptable Use of our Site
  7. Copyright and Intellectual Property Policy
  8. Privacy
  9. Third Party Content and Interactions
  10. Links
  11. Changes to our Site
  12. Termination and Reservation of Rights
  13. Indemnification
  14. Disclaimers and Limitations on our Liability
  15. Arbitration Agreement and Waiver of Certain Rights
  16. Other Provisions
  17. Changes to these Terms
1. MBOGI Videos

Through our Site, you have the opportunity to purchase or personalized video shout-outs (“MBOGI Videos”) from athletes, actors, performers, and influencers (each a “Talent User”). You may submit a request for a MBOGI Video to a Talent User through our Site personalized for you or a third party that that you identify as a recipient (“Recipient”). In submitting a request, you agree not to use a false identity or provide false information. You agree not to use our Site if you have previously been removed or banned from our Site.

You acknowledge and agree that the Talent User has sole discretion to determine how to fulfill your request and over the content of the MBOGI Video created (and may not follow your request exactly). The Talent User has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled by a Talent User, your payment account will be charged the amount specified on the Talent User’s booking page on our Site at the time you made your request. You may not return or exchange a MBOGI Video and no refunds will be issued. We reserve the right to reject any request in our sole discretion.

Subject to your payment in full for each MBOGI Video you request, the Talent User hereby grants to you certain rights to use the MBOGI Video solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that MBOGI Video, in any and all media, whether now known or hereafter invented (for example, on social media platforms). MBOGI Videos are licensed and are not sold. You may not sell, re-sell, or encumber your rights in any MBOGI Video. You may sublicense your rights in a MBOGI Video only to the extent necessary for you to use the MBOGI Video as permitted under these Terms (for example, sharing it with friends on a social media platform, sending it to a Recipient for personal, non-commercial, and non-promotional purposes subject to these Terms). You may use a MBOGI Video only in accordance with these Terms, including the acceptable use restrictions in Section 6. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a MBOGI Video from our Site at any time for any reason without any notice to you.

You acknowledge and agree that you have no expectation of privacy with respect to any MBOGI Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party. You acknowledge that the MBOGI watermark on each MBOGI Video must remain intact and you agree not to edit, change, modify, or remove the watermark from any MBOGI Video or assist or encourage any third party to do so. You further agree not to edit, change, modify, or create any derivative work of a MBOGI Video or assist or encourage any third party to do so. If you breach any provisions of these Terms, your license to use the MBOGI Video granted under Section 1(c) terminates and you must promptly remove all copies of the MBOGI Video in your possession or control, including on any social media platform, notify any Recipient of the termination and need to remove all copies, and take any other action we reasonably request to assist in locating and removing the MBOGI Video, including identifying each Recipient.

You may create an account on our Site. In creating an account, you agree not to use a false identity or provide false information. You agree not to create an account if you have previously been removed or banned from our Site. If we reasonably believe that you have done so, we have the right to suspend or terminate your account and your use of any part of our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

2. Additional Terms

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you to read in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless otherwise specified in such Additional Terms.

3. Eligibility

Age: You must be at least 13 years old to use our Site. Representations and Warranties: You represent and warrant that: you have not been prohibited from using or accessing any aspect of our Site by us or under to any applicable law or regulation; you will comply with all of the terms and conditions, as revised from time to time, of any third party payment provider selected by us, and you are not on a prohibited list of that third party payment provider; we have not previously disabled any Site account you created or controlled for violation of any law or regulation, the infringement of any third party right, or the violation of any of these Terms.

4. Fees and Payment

Fees. The fee for a MBOGI Video is specified on the Talent User’s booking page on our Site at the time you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request.

Payment. You may request a MBOGI Video either by redeeming Credits (defined below) on the App or by using mobile money payments on MBOGI.co.

Credits are digital licenses that may be used to request a MBOGI Video from MBOGI (“Credits”). Credits may be purchased from MBOGI only on the App (if available on the App); you may purchase Credits in one or more bundles at the price listed in the App. You acknowledge that purchases of Credits and Credits themselves are non-refundable. Your Credits are stored in your account wallet on the App (“Wallet”). When you use Credits to book a MBOGI Video, MBOGI will decrease the balance of Credits stored in your Wallet by the number of Credits needed, based on the fee specified on the selected Talent User’s booking page at the time you make your request, and apply them after your request has been fulfilled. MBOGI reserves the right to change or discontinue any or all opportunities to redeem or otherwise use Credits at any time.

For each MBOGI Video requested on MBOGI.co, you must provide our third party payment provider with, a mobile money payment, a valid credit or debit card (Mpesa, Visa, MasterCard, or any other issuer accepted by the payment provider). Your payment provider agreement governs your use of your credit or debit card, and you should refer to that agreement and not to these Terms to determine your rights and liabilities. You acknowledge and agree that MBOGI does not operate, own or control any payment provider used by MBOGI, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider. You also agree to immediately notify the payment provider of any change in your billing address (or other information) for the mobile wallet, credit or debit card account you use for payment. By providing your debit or credit card number and associated payment information, you agree that MBOGI may place a pre-authorization hold on your card and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no notice to or consent from you.

On MBOGI.co, you may choose to tip the Talent User who fulfilled your request. You acknowledge that MBOGI does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least KES 500. You hereby agree to pay the amount you authorize as a tip for the applicable Talent User.

MBOGI reserves the right (but is under no obligation) to cancel your MBOGI Video request if: (x) your payment method is declined; (y) your Wallet does not have enough Credits stored for the MBOGI Video from the Talent User you have selected; or (z) you have previously been banned or removed from our Site for any reason. MBOGI also reserves the right at any time to change its fees and payment procedures, including its payment provider and terms relating to Credits, either immediately upon posting on our Site or by other notice to you.

Payment Questions. If you have a question about a charge to your credit or debit card or a decrease in the Credits stored in your Wallet, please promptly contact us at [email protected] We have the sole discretion to determine how billing disputes will be resolved. You agree to comply with the terms of the third party payment provider selected by us, which is subject to change at our discretion.

5. Ownership

You acknowledge and agree that each MBOGI Video is owned by the Talent User who created it.

You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, or otherwise) that you make to any Talent User, including information concerning any Recipient; and (ii) any submission that you make to MBOGI, whether through our Site, a social media platform, or third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party ((i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (i) own all rights to any Submission; or (ii) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary and no Submission will contain or include any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. MBOGI will not be responsible or liable for any use or disclosure of a Submission, including any personal information of, or belonging to, you or any third party.

We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, block you from our Site, terminate your access, or take other appropriate action for violation of these Terms.

MBOGI desires to avoid the possibility of future misunderstandings when projects developed by us, our employees, or our contractors might seem to be similar to your Submission. If your Submission consists of any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that MBOGI has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to MBOGI a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

You hereby waive any moral rights you may have in any Submission, including Feedback.

6. Acceptable Use of our Site

Your Responsibilities: You are responsible for your use of any MBOGI Video, your Site account, our Site, and any Submission. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful. You represent and warrant that: (i) you will not use or authorize the use of any MBOGI Video for any purposes other than the personal, non-commercial, and non-promotional purposes set forth in Section 1(c) and (ii) in using a MBOGI Video, your Site account, and our Site, and in making any Submission, you will not:

violate any law, regulation or court order; violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral, or other legal rights of any third party;

take any action that is or submit, post, share, or communicate anything that is or that incites or encourages action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);

send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;

engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Site;

transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;

stalk, harass, threaten, or harm any third party;

impersonate any third party;

participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;

use any means to scrape or crawl any part of our Site;

attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, users, Recipients, or any other third party;

access our Site to obtain information to build a similar or competitive website, application, or service;

attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or advocate, encourage, or assist any third party in doing any of the foregoing.

For clarity, your use of any MBOGI Video includes use anywhere (on our Site or otherwise).

Investigations: You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties (including monitoring Submissions), but we have the right to do so in order to operate our Site, to ensure compliance with these Terms, to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process, or otherwise.

Without limiting any of our rights, you acknowledge and agree that any request you submit for a MBOGI Video may be rejected by us or by a Talent User; if that happens more than once, we may block you from our Site, terminate your access, or take other appropriate action.

7. Copyright and Intellectual Property Policy

Termination Policy: If we determine that you are a repeat infringer of copyright, we may we terminate your access to our Site and take other appropriate action in our sole discretion.

Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

your address, telephone number, and email address;

a description of the work that you claim is being infringed;

a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;

an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

MBOGI

[email protected]

+254711002934

You acknowledge and agree that if you fail to comply with the requirements of this Section 7 your notice may not be valid. For clarity, only notices of alleged copyright infringement should be directed to our Copyright Agent.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

9. Third Party Content and Interactions

Our Site may contain features and functionalities that may link to or provide you with access to third party content, including MBOGI Videos, that is completely independent of us, including websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Talent Users, found on or through our Site are solely between you and the third party; however, MBOGI may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with MBOGI if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any Talent User except as expressly permitted through our Site. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each MBOGI Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. From time to time, a charitable entity may be identified on a Talent User’s booking page or be associated with the Talent User elsewhere on our Site (“Charity”). For example, the Talent User’s booking page may indicate that all or a portion of the Talent User’s revenue from a MBOGI Video will be given to the Charity. All such arrangements are made strictly between the Talent User and the Charity. MBOGI is not a sponsor of and does not endorse the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by MBOGI). Unless expressly stated, MBOGI does not control and makes no warranties about the Charity or any donation to the Charity.

10. Links

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of the platform or website before using it.

11. Changes to our Site

We enhance and update our Site often. You acknowledge and agree we may change or discontinue any aspect of our Site at any time, with or without notice to you.

12. Termination and Reservation of Rights

You may stop using our Site at any time. You may cancel your Site account at any time by contacting us at [email protected] We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

13. Indemnification

You agree to indemnify, defend, and hold harmless MBOGI and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors (each, a “MBOGI Party,” and collectively, “MBOGI Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) any actual or alleged breach of these Terms by you or anyone using your Site account; (b) any actual or alleged violation of any laws or regulations or infringement of any rights of any third party by you or anyone using your Site account; (c) your negligence, misconduct, or fraud; (d) any Submission; (e) any action or inaction by you or anyone acting on your behalf; or (f) to the fullest extent permitted by applicable law, relating to your use of our Site. MBOGI will have the right to select counsel to be paid for by you in connection with any indemnification by you. You will reasonably cooperate with us in connection with any indemnification matters.

14. Disclaimers and Limitations on our Liability

you acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the MBOGI Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.

In particular, the MBOGI Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the MBOGI Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of the use of any content posted or shared through our Site.

You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any MBOGI Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a MBOGI Video, will create any warranty not expressly made by us.

You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that MBOGI is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any MBOGI Party with respect thereto.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any MBOGI Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not MBOGI has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by MBOGI from you during the 12 months preceding the claim giving rise to such liability.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between MBOGI and you.

15. Arbitration Agreement and Waiver of Certain Rights

Arbitration: You and MBOGI agree to resolve any disputes between you and MBOGI through binding and final arbitration instead of through court proceedings. You and MBOGI each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and MBOGI relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the CHARTERED INSTITUTE OF ARBITRATORS (K). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MBOGI will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Severability/No Waiver/Survival: If any provision of thisSection 15 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 15 will continue in full force and effect. No waiver of any provision of this Section 15 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 15 of these Terms will survive the termination of your relationship with MBOGI.

LIMITATIONS: This Section 15 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in CHARTERED INSTITUTE OF ARBITRATORS (K) rules, and the right to certain remedies and forms of relief. In addition, other rights that you or MBOGI would have in court may not be available in arbitration.

16. Other Provisions

Force Majeure: Under no circumstances will any MBOGI Party be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any MBOGI Party.

Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the Republic of Kenya, without giving effect to any conflict of laws rules or provisions.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

No Waiver or Amendment: The failure by MBOGI to enforce any right or provision of these Terms will not prevent MBOGI from enforcing such right or provision in the future and will not be deemed to modify these Terms.

Assignment: MBOGI may, at any time, assign its rights and obligations under these Terms, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

18. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on our Site and updating the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you are a new user of our Site and will be effective 30 days after posting if you are an existing registered user unless you accept the revised Terms before that time. By continuing to use our Site, you agree to the revised Terms.

Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.

The following governs the rights that you are granted in connection with each Promo MBOGI Video and, for a Business MBOGI Video only, replaces Section 1(c) of the Site Terms:

Subject to your payment in full for each Promo MBOGI Video you request, the Talent User hereby grants to you certain rights to use the Promo MBOGI Video solely for the reasonable promotional purposes of the Business for 90 days from the date the Promo MBOGI Video is sent by MBOGI to you and for any additional 90-day periods that have been agreed, subject to these Additional Site Terms: (i) a non-exclusive, royalty free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Promo MBOGI Video only on: one website and one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, and Twitter, in each case, wholly-owned, operated, and controlled by the Business and (ii) the right to advertise and promote the display of the Promo MBOGI Video on the social media account through advertising only on the applicable social media platform. Promo MBOGI Videos are licensed and are not sold. You may not sell, re-sell, or encumber your rights in any Promo MBOGI Video. You may sublicense your rights in a Promo MBOGI Video only to the extent necessary for you to use the Promo MBOGI Video as permitted under these Additional Site Terms (for example, posting it as listed above). You may use a Business MBOGI Video only in accordance with the Site Terms and these Additional Site Terms, including the acceptable use restrictions in Section 6 of the Site Terms and these Additional Site Terms. We may terminate all or part of the foregoing licenses at any time if you breach the Site Terms or these Additional Site Terms.” We reserve the right to remove a Business MBOGI Video from our Site at any time for any reason without any notice to you.

To request an additional 90-day period to use the Business MBOGI Video, contact us [email protected]

You acknowledge that the MBOGI watermark on each Business MBOGI Video must remain intact and you agree not to edit, change, modify, or remove the watermark from any Promo MBOGI Video or assist or encourage any third party to do so.

You may not return or exchange a Promo MBOGI Video and no refunds will be issued.

Each Talent User sets their own price for a Promo MBOGI Video request.

You acknowledge and agree that MBOGI will not be liable or responsible for any Submission or any Talent Content.

Representations and Warranties

In addition to each of the representations and warranties contained in the Site Terms, including those in Section 3(b) and Section 5(c) of the Site Terms, you represent and warrant, for yourself and the Business that:

the Business is located, and operates, in Kenya. and the Promo MBOGI Video will be directed to a Kenyan. audience;

any information provided to Talent is factually correct and not misleading and is not disparaging you have all rights necessary (including from the Business) to request a Promo MBOGI Video on behalf of the Business, to agree to the Site Terms and these Additional Site Terms on behalf of the Business, and to request and use the Promo MBOGI Video as authorized in these Additional Site Terms, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.

Acceptable Use of Site

You acknowledge and agree that you will not request a Business MBOGI Video: (i) for a Business or any other Recipient that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; or (ii) disparages or defames any person, entity, brand, or business.

For each Promo MBOGI Video, the following acceptable use provision applies and replaces Section 6(a)(i) of the Site Terms:

you will not use or authorize the use of any Business MBOGI Video for any purposes other than the purposes set forth in these Additional Site Terms;

Changes to these Additional Site Terms

From time to time, we may change these Additional Site Terms. If we do, we will give you notice by posting them on our Site and updating the "Last Updated" date above. The revised Additional Site Terms will be effective immediately. By requesting a Promo MBOGI Video, or continuing to use a Business MBOGI Video, you represent and warrant that you have read, understand, and agree to these Additional Site Terms.

Please print a copy of these Additional Site Terms for your records and please check our Site frequently for any changes to these Additional Site Terms.