Digital Millennium Copyright Act (DMCA) Notice
GSM Arena takes allegations of copyright infringement seriously. We will respond to clear notices of alleged copyright infringement.
If you believe any materials accessible on or from https://gsmarena.co.ke infringe your copyright, you may request removal of those materials (or access thereto) from this website by submitting written notification to our Copyright Agent (designated below). Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Accordingly, if you are not sure whether certain material infringes your copyright, we suggest first contacting an attorney.
To be effective, the notification must be a written communication, including the following information, and must be signed by the copyright owner or by a person authorized to act on the copyright owner’s behalf:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material on our website;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- 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;
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Please note that while we cannot monitor our entire website 24/7, we will make an effort to review and respond promptly to all written notices of claimed infringement.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
Name: Clinton Kimari
Address: Niko House, Ngong Road, Nairobi, Kenya
Telephone: +254 711 123 456
Email: copyright@gsmarena.co.ke
We suggest that all notices be sent to our designated Copyright Agent in the format outlined above via our provided email address. However, you may also send us a notice of claimed infringement to the following postal address:
GSM Arena Kenya
Attn: Copyright Agent
P.O. Box 12345-00200
Nairobi, Kenya
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GSM Arena has adopted a policy of terminating, in appropriate circumstances and at GSM Arena’s sole discretion, users who are deemed to be repeat infringers. GSM Arena may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe a copyright.
Counter-Notification Procedures
If a user believes that his or her content was disabled by mistake or misidentification, the user may file a counter-notification with us pursuant to the DMCA. To file a counter-notification, please provide our Copyright Agent with a written communication that contains substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been disabled and where the material used to be located before being disabled;
- Statement under penalty of perjury that the user has a good faith belief that the material was disabled as a result of mistake or misidentification; and
- Your name, address, telephone number and email address (if available), and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is located outside of the United States, the Southern District of New York, and that the user will accept service of process from the person who filed the takedown notice or an agent of that person.
After receiving a valid counter-notification, we will promptly provide the party that sent the takedown notice with a copy of the counter-notification. In certain situations, we may also re-publish the disabled content. However, even after receipt of a valid counter-notification and re-publish of the disabled content, if the original complainant seeks court action, we will adhere to any judicially-issued temporary restraining orders or injunctions ordering the removal of the content in question on our website.
Exclusions from Liability
GSM Arena hereby excludes liability for acts or omissions by any Hosting Provider, or other third-party content provider to GSM Arena. GSM Arena also hereby excludes any liability for the delay or failure in performance resulting from acts beyond its control including, without limitation: acts of God, natural disasters, riot, war, terrorist threats or acts, labor strikes, fire, earthquake, site operator error, network outages, unanticipated traffic surges causing delays, or failure of computer equipment or software. Provided GSM Arena acts with reasonable care and in good faith to prevent and/or cure such problems, in no event shall GSM Arena be liable for any special, incidental, indirect, exemplary or consequential damages that result from use of, or inability to use, the Site. This exclusion applies to any legal damages or theory of liability, whether in tort (including negligence), contract or otherwise.
Limitation of Liability
Except as expressly provided herein, your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. GSM Arena expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. GSM Arena makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected.
You expressly understand and agree that GSM Arena shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GSM Arena has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Website; (ii) any change to the Website; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iv) unauthorized access to or alteration of any transmission or data; (v) statements or conduct of any third party on the Website; or (vi) any other matter relating to the Website.
Indemnification
You agree to defend, indemnify and hold harmless GSM Arena, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Jurisdiction, Venue, and Choice of Law
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of products or services) shall exclusively be in the state or federal courts located or with jurisdiction over Nairobi, Kenya. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the Republic of Kenya without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or relating to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the Republic of Kenya, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
I hereby certify that I have the authority to agree and consent to these terms on behalf of the owner or owners of all content subject to a DMCA notification I submit to GSM Arena. I understand that misrepresenting that I have permission to act on behalf of the copyright owner or providing false copyright claims to GSM Arena may result in legal liability.
Severability and Assignment
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, such finding shall not affect the other provisions hereof, and all provisions not affected by such finding shall remain in full force and effect. These Terms of Use shall inure to the benefit of GSM Arena and its successors, subsidiaries, affiliates, related entities, and assigns. GSM Arena may assign these Terms of Use in whole or part to any third party.