Terms & Condition
5 May 2021
The term “Account” refers to a basic Msomi Books account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”). The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EDU.CO.TZ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Msomi Books is not available to persons under the age of majority in their place of residence or to any Users whose access to Msomi Maktaba Books was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. BY USING Msomi Maktaba Books, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as Msomi Maktaba Books is not intended for children under 13.
is hereby incorporated into these Terms by reference. Please read our
disclose Your personal information. You acknowledge and agree that your
3. Individual Features and Services.
When using Msomi Maktaba Books, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
Msomi Maktaba Books does not offer access to premium subscriptions for now. No Payments included in our services. Access to all contents are controlled by the person who upload a content in this website, although some contents may be deleted, removed or restricted by administrator without any notice.
5. Modification of these Terms and Services.
Msomi Maktaba Books reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices at any time. If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of Msomi Maktaba Books after the posting of changes constitutes Your binding acceptance of such changes. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Digital Millennium Copyright Act.
Msomi Maktaba Books respects copyright law and expects its users to do the same. It is Msomi Maktaba Books's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
7. Msomi Maktaba Books License Grant.
7.1 License Grant to Msomi Books Website(App) & App
Subject to Your compliance with these Terms, Msomi Books grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App or website, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App/Website; (ii) distribute, transfer, sub-license, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Msomi Books reserves all rights in and to the App not expressly granted to You under these Terms.
7.2 License Grant to Download.
Subject to Your compliance with the terms and
conditions set out in these Terms, Msomi Books hereby grants to You a
limited, non-exclusive, non-transferable, freely revocable license to
view, download (including, without limitation download to a portable
device), print, and have printed select content for personal use, except
as Msomi Books may restrict or block at the request of its content providers
or on its own initiative.
7.3 Reservation of Rights.
Msomi Books reserves all rights not expressly granted in these Terms.
7.4 Prevention of Unauthorized Use.
Msomi Books reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.
8. Content Disclaimer.
You understand that when using Msomi Books You will be exposed to content from a variety of sources, and that Msomi Books is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Msomi Books with respect thereto. Msomi Books does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, Msomi Books may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Msomi Books does not permit copyright infringing activities.
9. Prohibited Conduct.
It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment.
You agree that you will not upload content that:
- is illegal, or promotes or enables illegal or unlawful activities;
- violates any applicable law or regulation;
- infringes the copyright, patent rights, trade marks, trade secrets, or other intellectual property rights of another person or entity ;
- violates the privacy rights, or other personal rights, of others, or
induces others to do so; even if the information is considered “public”
or published publicly elsewhere;
- Personal information in public records of any kind must be fully redacted and completely unreadable to both humans and computers before posting to Msomi Books.
- Personal information includes, but is not limited to, home addresses, national/social identification numbers, credit card information, phone numbers, personal signatures, arrest records, political affiliation, school grades, test results, medical records, disabilities, and sexual orientation.
- You may not post images of other persons without their explicit consent or an appropriate license.
- contains, collects, or solicits personal information about anyone under age 18;
- solicits personal information about anyone for commercial or unlawful purposes;
- exposes chat logs, tweets, posts, texts, emails, and other private or deleted communications without all parties’ explicit consent;
- is intended to, or tends to, defame, harass, abuse, threaten, or cruelly denigrate others;
- is intended to, or tends to, promote hatred, bigotry, or harm toward others on the basis of race, ethnicity, national origin, gender, gender identity, sexual orientation, religious affiliation, age, class, caste, disease, or disability;
- is intended to, or tends to, promote or celebrate acts of terrorism and/or terrorist organizations;
- is intended to, or tends to, promote or induce self-harm and/or suicide;
- is intended to, or tends to, deceive or defraud consumers;
- is intended to, or tends to, facilitate the piracy of books, movies, music, software, or any kind of media;
- includes links that are unclear, obscured, misleading, deceptive, or malicious;
- is designed, laid-out, or composed in a manner that obscures the content's intent or origin;
- is designed, laid-out, or composed in a manner designed to optimize search engine rankings;
- makes unsolicited offers, including offers that link to third-party websites;
- exposes website passwords, account data, or other private account information;
- alters or maliciously embellishes public records (including by means of titles and descriptions), unless the alteration is to redact personal information;
- displays unduly lurid, violent, and gory images, or images of sexual violence and assault;
- displays pornographic or luridly sexual imagery;
- is inaccurate;
- misrepresents or disguises the source, identity, authorship, or content of information;
- is obtained from another Msomi Books member's account;
- is duplicative or substantially similar to other content uploaded by you, or by associates affiliated with you; whether in one account or across multiple accounts.
Academic cheating and plagiarism
Msomi Books strictly prohibits content that facilitate academic cheating and plagiarism. We also do not condone or support the use of content from Msomi Books for the purposes of academic cheating or plagiarism.
You agree that you will not upload content, or use edu.co.tz in any way, that:
- is intended to, or tends to, promote cheating, plagiarism, or any academic malfeasance;
- provides, or links to “course packs,” “test banks,” “cheat guides,” or any material that provides answers to course, quiz, test and exam questions.
- infringes the copyright, or other intellectual property rights, of educational content providers, educational institutions, instructors, students, or other rights holders;
- provides guarantees, whether explicit or implied, of grades or exam results.
- violates an academic code of conduct or academic code of ethics.
BY USING MSOMI BOOKS YOU AGREE NOT TO:
9.1 use Msomi Books for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access Msomi Books as such Services are offered by Msomi Books (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
9.4 post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Msomi Books, or perform any other similar fraudulent activity;
9.6 delete the copyright or other proprietary rights notices on Msomi Books or associated with any content available via Msomi Books;
9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Msomi Books. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9.8 use Msomi Books for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9.9 defame, harass, abuse, threaten or defraud Users of Msomi Books, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 use Msomi Books if You are under the age of thirteen (13) years old;
9.11 remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through Msomi Books, or features that enforce limitations on the use of Msomi Books or any content available via Msomi Books;
9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover Msomi Book’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.13 modify, adapt, translate or create derivative works based upon Msomi Books or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.14 intentionally interfere with or damage the operation of Msomi Books or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9.15 use any robot, spider, scraper, or other automated means to access Msomi Books for any purpose or bypass any measures Msomi Books may use to prevent or restrict access;
9.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Msomi Books;
9.17 interfere with or disrupt servers or networks related to the operation Msomi Books, or disobey any requirements, procedures, policies or regulations of networks connected to Msomi Books; or
9.18 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Msomi Book's sole opinion detracts from the Msomi Books experience.
It is important that you provide us with accurate, complete and
up-to-date information for your Account and you agree to update such
information, as needed, to keep it accurate, complete and up-to-date.
If you don’t, we might have to suspend or terminate your Account. You
agree that you will not disclose your Account password to anyone and
that you will notify us immediately of any unauthorized use of your
Account. You are responsible for all activities that occur under your
Account, whether or not you know about them. If You have reason to
believe that Your Account is no longer accurate or secure, then You
agree to immediately notify Msomi Books by emailing
11. Third-Party Sites, Products and Services; Links.
Msomi Books may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Msomi Books, Msomi Books does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Msomi Books are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12.1 Msomi Books.
You agree that Msomi Books, at its sole
discretion, for any or no reason, and without penalty, may terminate any
Account (or any part thereof) You may have with Msomi Books or Your use of Msomi Books and/or remove and discard all or any part of Your Account, User
profile, and any content, at any time and without notice to You. Msomi Books may also in its sole discretion and at any
time discontinue providing access to Msomi Books, or any part thereof, with
or without notice. You agree that any termination of Your access to Msomi Books or any Account You may have or portion thereof may be effected
without prior notice, and You agree that Msomi Books will not be liable to
You or any third party for any such termination. Any suspected
fraudulent, abusive, or illegal activity may be referred to appropriate
law enforcement authorities. These remedies are in addition to any other
remedies Msomi Books may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) Msomi Books, (ii) any term of these Terms, (iii) any policy or practice of Msomi Books, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using Msomi Books. You may cancel Your Account at any time through the account settings panel after You have logged into the Site or the App, or by sending an email to email@example.com requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing use of Msomi Books.
12.3 Effect of Cancellation or Termination.
Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”
13. Proprietary Rights.
Msomi Books acknowledges that You retain ownership of any Descriptive Information You may post on Msomi Books, subject however to Your grant to Msomi Books of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of Msomi Books. All Materials contained on Msomi Books are the property of Msomi Books or its subsidiaries or affiliated companies and/or third-party licensors or users. All trademarks, service marks, and trade names are proprietary to Msomi Books or its affiliates and/or third-party licensors. Except as expressly authorized by Msomi Books, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. Msomi Books reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Msomi Books, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Msomi Books, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Msomi Books reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Msomi Books, and You agree to cooperate with Msomi Book's defense of these claims. Msomi Books will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.