Blissful is a wedding website that provides valuable wedding-related information for the modern bride. The services offered by Huge Africa Media Ltd (Blissful or " we ") include the Blissful websites located at www.blissful.co.ke or any sub domain of blissful.co.ke (the "Blissful Website"), and any other feature, content or applications offered from time to time by Blissful in connection with the Blissful Website whether accessed directly or through our application for mobile devices (collectively, the "Blissful Services"). The Blissful Services are hosted in Kenya.
Blissful may modify this Agreement from time to time and each modification will be effective when it is posted on the Blissful Website, application or services. You agree to be bound to any changes to this Agreement through your continued use of the Blissful Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO, SUBMIT TO OR EMBED ON THE BLISSFUL SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE BLISSFUL SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
"User" means a person who completes Blissful’s account registration process, including but not
limited to Individuals and Businesses, as described under "Account Registration" below.
"User Content" means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Supplier" means a person who lists a business or themselves as a supplier of any services on the website.
Use of the Blissful Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Blissful Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Blissful Services and all applicable laws regarding the transmission of technical data exported from the Kenya or the country in which you reside.
This Agreement shall remain in full force and effect while you use the Blissful Services or are a Supplier or User. Blissful may terminate your use of the Blissful Website, application or the Blissful Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
In order to access certain features of the Site and Application, and to contact a Supplier or create a
Listing, you must register to create an account ("Blissful Account") and become a User. You may
register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Blissful Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Blissful through the Site, Services or Application; or (ii) allowing Blissful to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Blissful and/or grant Blissful access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Blissful to pay any fees or making Blissful subject to any usage limitations imposed by such third-party service providers. By granting Blissful access to any Third-Party Accounts, you understand that Blissful will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Blissful Account and Blissful Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Blissful Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Blissful's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Blissful Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD- PARTY SERVICE PROVIDERS. Blissful makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Blissful is not responsible for any SNS Content.
Your Blissful Account and your Blissful Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Blissful Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Blissful reserves the right to suspend or terminate your Blissful Account and your access to the Site, Application and Services if you create more than one (1) Blissful Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Blissful Account, whether or not you have authorized such activities or actions. You will immediately notify Blissful of any unauthorized use of your Blissful Account.
The Blissful Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Blissful. Illegal and/or unauthorized use of the Blissful Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Blissful Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Blissful Services
Blissful does not endorse any User or any Supplier. You understand that Verified badges are intended only to indicate a photographic representation of the supplier’s work at the time the photograph was taken. Verified badges on Supplier profiles are therefore not an endorsement by Blissful of any User or any Supplier. Suppliers are required by these Terms to provide accurate information, and although Blissful may undertake additional checks and processes designed to help verify or check the identities or work or other details, we do not make any representations about, confirm, or endorse any Supplier or the Supplier's trustworthiness or quality.
Any references in the Site, Application or Services to a Supplier being "verified" or "connected" (or similar language) only indicate that the Supplier has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Blissful about any Supplier, including of the Supplier’s identity and whether the Supplier is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book any Supplier for your function.
Blissful reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Blissful Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Blissful deems to be inappropriate:
Blissful’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Blissful expressly reserves the right to investigate and take appropriate legal action against anyone who, in Blissful’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Blissful Services:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Blissful or others (including without limitation Third Party Content or Blissful Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Blissful Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Blissful Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Blissful’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Huge Africa Ltd, 72235, 00200 Nairobi, Kenya; and email: [email protected] or [email protected]
You are solely responsible for your interactions with other Blissful Users. Blissful reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
From time to time, Blissful will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Blissful encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, Blissful is not responsible for any incorrect or inaccurate Content posted on the Blissful Website or in connection with the Blissful Services. User Content created and posted on the Blissful Website may contain links to other websites. Blissful is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Blissful. Inclusion of any linked website on the Blissful Services does not imply approval or endorsement of the linked website by Blissful. When you access these third- party sites, you do so at your own risk. Blissful takes no responsibility for third party advertisements which are posted on this Blissful Website or through the Blissful Services, nor does it take any responsibility for the goods or services provided by its advertisers. Blissful is not responsible for the conduct, whether online or offline, of any User of the Blissful Services. Blissful assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Blissful is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Blissful Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Blissful Services. Under no circumstances shall Blissful be responsible for any loss or damage, including personal injury or death, resulting from use of the Blissful Services, attendance at a Blissful event, from any Content posted on or through the Blissful Services, or from the conduct of any Users of the Blissful Services, whether online or offline. Blissful cannot guarantee and does not promise any specific results from use of the Blissful Services.
IN NO EVENT SHALL BLISSFUL OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BLISSFUL 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 SERVICES, EVEN IF BLISSFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLISSFUL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO BLISSFUL FOR THE BLISSFUL SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLISSFUL SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Kenya or the country in which you reside.
If there is any dispute about or involving the Blissful Services, you agree that the laws of Kenya shall govern the dispute, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state courts of Kenya located in the County of Nairobi. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
This Agreement is accepted upon your use of the Blissful Website or any of the Blissful Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Blissful regarding the use of the Blissful Services. The failure of Blissful to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Blissful is a trademark of Huge Africa Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The failure of Blissful to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Updated: October 27, 2015