BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
Please carefully read the following terms of use ("Terms of Use") before using this web site (the "Site") owned by Emarasoft Limited.

In these Terms of Use, the expression "Site" refers to www.emarasoft.com or to any other web site owned by emarasoft limited and from which you may have been redirected.

1. General Remark: This Site can be used for personal and commercial purposes. The entire content included in this Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds video clips, software and links to external web sites (the "Content"),is as provided by the content creator.

2. Disclaimers and Limitation of Liability: Emarasoft limited intends for the Content on this Site to be accurate and reliable, however, this Site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Emarasoft limited disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Emarasoft limited does not represent or warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected or that this Site or that the server which makes the Site available are free of viruses or other harmful components. In no event shall Emarasoft limited be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this site or any other site you may access while using this site or your use of the Content, even if advised of the possibility of such damages.

3. Indemnity:You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold emarasoft limited and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of this Site, including without limitation, the placement or transmission of any information or other materials on this Site by you or users of your account.

4. Prohibited Use of this Site: You shall not use this Site in any way that would interfere with its operation nor submit any content to this Site which libels, defames, invades privacy, is obscene,incorrect, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws. You shall not post, upload, publish, transmit or otherwise distribute on this site any information or other materials that:    a. Could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;
   b. Could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person.
   c. Could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person.
   d. Could be considered as a use of this Site that is contrary to law or electronic etiquette, or which would adversely impact the use of this Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components
   e. Contains any distasteful or offensive material including, but not limited to, material intended for an adult audience.
   f. Encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
Emarasoft reserves the right to remove any information that you post, upload, publish, transmit or distribute or otherwise use on this Site at any time, at its sole discretion and without prior notice.

5. License: By posting, uploading or submitting any information, material or content to this Site, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) emarasoft limited a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.

6. Web Scraping/Harvesting: You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of this Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.

7. Hyperlinking to this Site: You may create a link (the "Hyperlink") to this Site provided that: • You do not replicate any of the Content of this Site; • You do not create a frame or any other bordered environment around this Site or its Content; • The Hyperlink shall not imply any endorsement of any product or services; • The website linking to this Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; • The website linking to this Site does not contain any information, content or material that would interfere with the operation of this Site nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws. Emarasoft Limited may withdraw your right to link to this Site at any time in its sole discretion.

8. External Links on this Site: Links available on this Site will allow you to link to websites not maintained or controlled by Emarasoft Limited.Emarasoft limited provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party websites. Please be aware that you link to these third party websites at your own risk.

9. Copyright: All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Emarasoft limited content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through this Site and maintain such notices in the Content.

10. Trade-marks: All products, services and company names mentioned in the Site may be trade-marks of either Emarasoft limited or its related companies or of their respective owners. You shall not use any trade-mark displayed on the Site without the express written permission of Emarasoft limited or the relevant owner of the trade-mark.

11. Changes: Emarasoft limited reserves the right to change or remove any Content from this Site, in whole or in part, at its sole discretion, at any time, without notice. Emarasoft limited reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. To know the posting date of any change appears at the top of this page, please refer to the last update date. Any continued use of this Site will be deemed conclusive of your acceptance of the modified Terms of Use.

12. Privacy Policy: Emarasoft Limited Privacy Policy is a binding and integral part of these Terms of Use.

13. Depending on which Services you use, we collect different kinds of information from or about you.

Things you do and information you provide.

We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.

Things others do and information they provide.

We also collect content and information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.

Your networks and connections.

We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.

Information about payments.

If you use our Services for purchases or financial transactions (like when you buy something on Facebook, make a purchase in a game, or make a donation), we collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.

Device information.

We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect: • Attributes such as the operating system,hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers. • Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals. • Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address. Information from websites and apps that use our Services. We collect information when you visit or use third-party websites and apps that use our Services. This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us. We receive information about you and your activities from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.

How do we use this information?

We are passionate about creating engaging and customized experiences for people. We use all of the information we have to help us provide and support our Services.

Here’s how:

a.Provide, improve and develop Services.

We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.
We also use information we have to provide shortcuts and suggestions to you. For example, we are able to suggest that your friend tag you in a picture by comparing your friend's pictures to information we've put together from your profile pictures and the other photos in which you've been tagged. If this feature is enabled for you, you can control whether we suggest that another user tag you in a photo using the “Timeline and Tagging” settings.
When we have location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events or offers in your area or tell your friends that you are nearby.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.

b.Communicate with you.

We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

c.Show and measure ads and services.

We use the information we gather to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services.

d.Promote safety and security.

We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning. We also offer easy-to-use security tools that add an extra layer of security to your account. We use cookies and similar technologies to provide and support our Services and each of the uses outlined and described in this section of our policy.

14. Miscellaneous: The Terms of Use of this Site and all other documents referenced herein constitute the entire agreement between Emarasoft limited and you with respect to your use of this Site. Emarasoft Limited failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use shall be governed by and construed in accordance with the laws of Kenya and the laws of Kenya applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the Courts of Kenya. The parties have required that these Terms of Use and all related documents be drawn up in English.