In the Terms, the following words shall have the meanings assigned beside them: 1.1. ‘Content’ shall mean any text, graphics, audio, visual (including still visual images) and/or audio-visual material or other multimedia content, information and material, including the metadata relating to any such content, availed or to be availed by FirebrandNation for streaming by you on the GloryNetwork platform, by use of an electronic device which is capable of connecting to the internet, including but not limited to computers, mobile phones, tablets, media players, smart TVs, and other similar devices, which devices comply with the techniFirebrandNation requirements to access the Content; 1.2. ‘Intellectual Property Rights’ means all intellectual property rights including patents, registered designs, trademarks and service marks (whether registered or not), rights in the nature of unfair competition rights, copyright, database right, design right and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, performances, business names, goodwill and the style and presentation of goods or services and applications for protection of any of the above rights; 1.3. ‘Non-Personal Information’ shall mean any information that is not Personal Information including, without limitation, any information collected by FirebrandNation about the service and your use of the GloryNetwork platform, device information, log information, and location information; 1.4. ‘Personal Information’ shall mean personal details related to your account and shall include your name, email address, telephone number or credit card or debit card information. For the avoidance of doubt, a post office box number shall not be Personal Information; 1.5. ‘Third party website’ shall mean any website other than the website on which the GloryNetwork platform is hosted and operated and ‘third party websites’ shall have corresponding meaning. 1.6. ‘GloryNetwork’ or ‘the GloryNetwork platform’ shall mean the GloryNetwork website, the GloryNetwork Android application and the GloryNetwork iOS application to be used by FirebrandNation to provide the Content, GloryNetwork (by whatever manner, shape or colour styled) being a registered trademark of FirebrandNation; 1.7. ‘GloryNetwork service’ or ‘the service’ shall mean the service provided by FirebrandNation on the GloryNetwork platform for discovering and watching the Content, including all features and functionalities, recommendations and reviews, the GloryNetwork website, the GloryNetwork Android application and the GloryNetwork iOS application and the user interfaces associated therewith, as well as all content and software associated with the service or the platform.
2.1. In order to use the GloryNetwork platform, you must first agree to and accept the Terms. You may not use the platform if you do not accept them. 2.2. You will agree to these Terms and Conditions by registering and signing into the GloryNetwork platform or by doing such other thing as may be specified in the GloryNetwork platform or otherwise by FirebrandNation. 2.3. At the point of creating the GloryNetwork account or at any time thereafter when signing into the account, FirebrandNation may request you to opt in on receiving promotional updates via email, texts and telephone FirebrandNationls. You may opt in by ticking against such request or by doing such other thing as may be specified on the GloryNetwork platform. By opting in you allow FirebrandNation to send marketing and promotional material regarding the GloryNetwork platform or the Content therein to the email address or telephone number provided when creating your GloryNetwork account. In addition, and without prejudice to the foregoing, FirebrandNation shall be entitled to display informational, advertisement, marketing and promotional messages within the GloryNetwork platform and through push notifications and pop-up messages on your mobile device.
3. USE OF THE GloryNetwork PLATFORM 3.1. You may not use the GloryNetwork platform and may not accept the Terms if: 3.1.1. you are not of legal age or are otherwise legally incapacitated so that you cannot enter into a legally binding contract with FirebrandNation. If you are legally incapacitated, you may only use the service under supervision by a person with legal capacity; or 3.1.2. you are barred or otherwise legally prohibited from receiving or using any part of the Content under any applicable law. 3.2. In order to access the GloryNetwork platform and the service, you will need to create a GloryNetwork account, with a username and a password (“your log-in credentials”). Creation of a GloryNetwork account permits you to purchase limited rights to the Content. When creating your account, you will be required to provide certain information. You agree that you shall provide all information that FirebrandNation may require you to provide for purposes of creation of your GloryNetwork account. If you fail to provide the information required on the GloryNetwork platform or as requested by FirebrandNation from time to time, FirebrandNation shall have the right to discontinue the service without any further notices or reference to you. 3.3. You further agree that FirebrandNation retains the absolute discretion to accept or reject your request to create a GloryNetwork account on the platform. 3.4. You are required to keep your GloryNetwork account password and other account credentials and details secure and confidential. 3.5. You agree that you will be solely responsible (to FirebrandNation, and to other parties) for any activity that occurs under your GloryNetwork account or otherwise with your log-in credentials, and shall indemnify and keep indemnified FirebrandNation from any claims or liabilities whatsoever that may arise from such activity. 3.6. Your GloryNetwork account will be operated based on subscription packages. Charges for the various packages will be determined by FirebrandNation in its absolute discretion, and will be paid as specified in these Terms or otherwise as FirebrandNation may specify. 3.7. To use the FirebrandNation service you must have internet access and a compatible device. 3.8. Should you access any Content without paying for a subscription package or access more or better Content than is otherwise available in the subscription package you paid for, you authorize FirebrandNation to, in addition to any other rights and remedies available to FirebrandNation under this agreement and the applicable law, charge the subscription fees or the difference, as the case may be, (and any other charges that may result from your use of the service) to your GloryNetwork account. 3.9. You can find specific details regarding your subscription status by logging onto your GloryNetwork account. 3.10. The GloryNetwork platform and any Content viewed through the service are for your personal and non-commercial use only. During your FirebrandNation subscription we grant you a limited, non-exclusive, non-transferable license to access the GloryNetwork platform and view the Content. Except for the foregoing limited license, no right, title or other interest whatsoever on any part of the Content shall be transferred to, or be claimed by, you. You agree not to use the service for any purpose or in any manner that will or is likely to infringe on any Intellectual Property Right.
4.1. Once you open an account on the GloryNetwork platform, you will have access and control over the account. To maintain control over the account and to prevent undesired access to your account, you shall maintain control over any devices that you have used to access the service and not reveal the password or other account details to anyone whom you do not intend to give access to your account. 4.2. You are responsible for updating and maintaining your account information and ensuring its accuracy. 4.3. FirebrandNation may close or suspend access to your account in order to protect you, FirebrandNation or any of its partners from identity theft or other fraudulent or unlawful activity. Provided that FirebrandNation shall not be liable for any losses, infringements, injuries or other liabilities that may arise, directly or indirectly, from such activity.
5.1. Content on the GloryNetwork platform will be accessed from your GloryNetwork account upon payment of the charges specified by FirebrandNation with regard to the relevant subscription package. You agree that the amount, quality and nature of Content available to you will depend on the package paid for. 5.2. Payment for subscription packages shall be done through available mobile money payment services, credit cards and debit cards, online payment systems (e-wallets), or such other method as FirebrandNation may specify from time to time. Amounts charged will include any other charges you may incur in connection with your use of the GloryNetwork platform, such as taxes, payment transaction fees, and any subscription payments then owing (“Extra Charges”). FirebrandNation may demand that you pay due and owing Extra Charges before you are able to pay for your current subscription. 5.3. FirebrandNation may, at its absolute discretion, change the price of the service (or any part thereof) from time to time. 5.4. If a selected package has not been activated after payment, you shall notify this to FirebrandNation whereupon you may choose for FirebrandNation to refund the subscription payment to you or carry forward the payment and activate the relevant package during the next subscription period. 5.5. In the event that you are charged multiple times for a single subscription package or you otherwise overpay for the service, you shall promptly notify FirebrandNation, whereupon you may choose for FirebrandNation to refund the amount overpaid to you or carry it forward and activate the relevant subscription package during the next subscription period. 5.6. In the event you have made a payment to FirebrandNation through any of the methods specified herein but have not created a GloryNetwork account, the payment transaction shall be reversed and a refund shall be made to you. Provided that FirebrandNation shall not be responsible for the loss of any amount so paid or for any delay in processing transaction reversals or refunds.
6.1. By accepting these Terms and Conditions, you agree: 6.1.1. to use the GloryNetwork platform, including all features, contents and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions applying to the use of the GloryNetwork platform or content therein; 6.1.2. not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) any part of the Content and information contained on or obtained from or through the GloryNetwork platform or otherwise by the use of the service; 6.1.3. not to: a. circumvent, remove, alter, deactivate, degrade or thwart any of the Content on the GloryNetwork platform; b. reverse engineer or disassemble any software or other products or processes accessible through the GloryNetwork platform; c. insert any code or product or manipulate the content of the GloryNetwork platform in any way; or d. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the service, including any software viruses or any other destructive computer codes, files or programs. 6.2. Without prejudice to any other rights and remedies that FirebrandNation have under the Terms or the applicable law, FirebrandNation may terminate or restrict your use of our service if you violate any of the above covenants or are otherwise engaged in illegal, fraudulent or otherwise improper use of the service.
7.1. FirebrandNation appreciates, and you acknowledge, that most of the Content is supplied by third parties to FirebrandNation. While FirebrandNation will take all reasonable steps to ensure that the service provided on the GloryNetwork platform will be of high quality, the service is provided ‘as is’ and without warranty or representation on the part of FirebrandNation. In particular, and without limitation, FirebrandNation does not represent or warrant to you that: 7.1.1. your use of the service will meet your requirements; 7.1.2. your use of the service will be uninterrupted, timely, secure or free from error; 7.1.3. any information obtained by you as a result of your use of the service will be accurate or reliable; and 7.1.4. any defects in the operation or functionality of any software related to the service will be corrected. 7.2. The quality of the display of the Content on the GloryNetwork platform may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and the subscription plan applying to you (should FirebrandNation have different subscription plans on the platform). The time it takes to load Content on the GloryNetwork platform may vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device. 7.3. The software used by FirebrandNation on the platform may have been developed and designed to enable viewing of Content through certain devices. The software may vary by device and medium, and functionalities and features may also differ between devices. It is your responsibility to procure a compatible device. 7.4. You acknowledge that the use of the service may require that your device have third party software that is subject to third party licenses. Should this be the case, it shall be your responsibility to procure such software and licences. 7.5. FirebrandNation shall not be liable to you or any other person for: 7.5.1. any indirect or consequential losses which may be incurred by you as a direct or indirect result of use of the service including any loss of profit, loss of goodwill or business reputation, loss of opportunity, or loss of data; 7.5.2. any loss or damage which may be incurred by you or any other party as a result of: 188.8.131.52. any reliance placed by you or any other party on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the GloryNetwork platform; 184.108.40.206. any changes which FirebrandNation may make to the service, or for any permanent or temporary cessation in the provision of the service; 220.127.116.11. the deletion, corruption or other interruption of any Content; 18.104.22.168. your failure to provide FirebrandNation with accurate account information; 22.214.171.124. your failure to keep your password or account details secure.
8.1. In addition to any information that may be provided automatiFirebrandNationly by your browser when you visit the GloryNetwork platform, FirebrandNation receives and maintains certain information that you used to create your GloryNetwork account or which you may otherwise provide to FirebrandNation. Some of this information is Personal Information. 8.2. By creating a GloryNetwork account, you are authorizing us to store and use this information, including your email address and phone, as specified in these Terms.
10.1. You have the right at any time to prevent FirebrandNation from contacting you for marketing purposes. When FirebrandNation sends promotional communication to you, subject to these Terms, you may opt out of further promotional communication by: 10.1.1. following the unsubscribe instructions provided in each promotional communication; or 10.1.2. writing to FirebrandNation. 10.2. You agree that notwithstanding the promotional preferences you indicate, FirebrandNation may continue to send you administrative emails including, without limitation, changes to the Terms.
11.1. You acknowledge and agree that all information provided to FirebrandNation is at your sole risk and that while FirebrandNation will take all reasonable measures to protect your information, FirebrandNation does not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such measures or otherwise. 11.2. Your GloryNetwork account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. 11.3. FirebrandNation may further protect your information from potential security breaches by implementing certain technologiFirebrandNation security measures.
13. TERMINATION 13.1. FirebrandNation may terminate the legal relationship with you, and closing your GloryNetwork account, as follows: 13.1.1. For convenience, with or without reason, upon giving you 14 days’ notice; 13.1.2. If FirebrandNation stops providing the service (or any features within the service) for any reason, upon giving you 21 days’ notice. Provided that notice given generally to GloryNetwork subscribers shall be deemed sufficient notice for this purpose; 13.1.3. If you have breached any provision of the Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms), upon giving you 7 days’ notice; and 13.1.4. If FirebrandNation is required to do so by law or any lawful order, in accordance with such law or order. 13.2. You may terminate the legal relationship with FirebrandNation at any time by closing your GloryNetwork account. 13.3. Except as otherwise provided herein, you agree that all payments made to FirebrandNation are non-refundable and that FirebrandNation will not provide credits for any partial payments upon termination. 13.4. Upon termination: 13.4.1. All monies and other payables due from you to FirebrandNation shall immediately become due and payable; and 13.4.2. All provisions of the Terms which are expressed to continue after termination shall remain in force be unaffected by the termination. 13.5. For the avoidance of doubt, the provisions of this clause 13 shall apply to termination of your relationship with FirebrandNation and closure of your GloryNetwork account. Expiry of a subscription package shall not be considered termination for this purpose.
14.1. The Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. 14.2. If any provision(s) of the Terms is held by any court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 14.3. FirebrandNation may at any time change any provision of, or replace, the Terms. Provided that such changes or replacement will take effect once posted on the GloryNetwork platform. If you do not agree to the changes, you may stop using the service. Your continued use of the service after the date the change or replacement is posted on the GloryNetwork platform will constitute your acceptance of the changes. 14.4. FirebrandNation may assign or transfer any of its rights or obligations under the Terms to any other person. Provided that FirebrandNation shall notify you of such transfer but failure by FirebrandNation to notify you shall not invalidate the transfer. 14.5. Communication from FirebrandNation to you regarding your use of the GloryNetwork platform and the Terms will be by way of text messages, telephone , electronic mail, displays within the GloryNet platform and push notifications. You authorise FirebrandNation to use the email address and telephone number provided on your account for purposes of such communication. Provided that communication done and notices issued through any of the methods specified in this clause shall be deemed effective communication or notice for all purposes. 14.6. You agree that you are solely responsible for (and that FirebrandNation has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FirebrandNation may suffer) of any such breach. If you have any questions regarding the Terms, the service or the GloryNetwork platform, please contact FirebrandNation by sending an email to the address or FirebrandNationling the number specified on the GloryNetwork platform.