Welcome to JPAWA! 

Introduction 

 Thank you for using the JPAWA platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  

Our Service 

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across Kenya and Africa, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Amongst other things, you can find out about JPAWA Kids, the JPAWA Partner Program and JPAWA Memberships. You can also read all about enjoying content on other devices like your television, your games console, or even JHELA Home. 

Your Service Provider 

The entity providing the Service is JHELA LTD, a company operating under the laws of Kenya, located at Light Industries, Thika(referred to as “JPAWA”, “we”, “us”, or
“our”). References to JPAWA’s “Affiliates” in these terms means the other companies within the Jungle Holdings group. 

Applicable Terms  

Your use of the Service is subject to these terms, the JPAWA Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on JPAWA Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content. 

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service. 

Who may use the Service? 

Age Requirements 

You may use the Service if you are at least 13 years old; however, children of all ages may use the Service and JPAWA Kids (where available) if enabled by a parent or legal guardian. 

Permission by Parent or Guardian 

If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. 

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on JPAWA (including how to enable a child under the age of 13 to use the Service and JPAWA Kids) in our Help Center. 

 

Businesses 

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement. 

Your Use of the Service 

Content on the Service 

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, JPAWA or a third party (collectively, "Content”). Content may be provided to the Service and distributed by our users and JPAWA is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with this Agreement, such as by violating the Community Guidelines
or the law, you can report it to us. 

JHELA Accounts and JPAWA Channels 

You can use parts of the Service, such as browsing and searching for Content, without having a JHELA account. However, you do need a JHELA account
to use some features. With a JHELA account, you may be able to like videos, subscribe to channels, create your own JPAWA channel, and more. You can follow
these instructions to create a JHELA account. 

Creating a JPAWA channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists.
Here are some details about how to create your own JPAWA channel. 

 

To protect your JHELA account, keep your password confidential. You should not reuse your JHELA account password on third-party applications. Learn
more about keeping your JHELA account secure, including what to do if you learn of any unauthorised use of your password or JHELA account. 

 

Your Information 

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The JPAWA Kids Privacy Notice provides additional information about our privacy practices that are specific to JPAWA Kids. 

 

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the JPAWA Data Processing Terms, except in cases
where you uploaded such content for personal purposes or household activities. Learn More. 

 

Permissions and Restrictions 

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show JPAWA videos through the embeddable JPAWA player. 

 

The following restrictions apply to your use of the Service. You are not allowed to: 

 

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from JPAWA and, if applicable, the respective rights holders; or (c) as permitted by applicable law; 

circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content; 

access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with JPAWA’s robots.txt file; (b) with JPAWA’s prior written permission; or (c) as permitted by applicable law; 

collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above; 

use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam); 

cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics; 

misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; 

run contests on or through the Service that do not comply with JPAWA’s contest policies and guidelines; 

use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on JPAWA policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where JPAWA videos are the only content of value). 

Reservation 

 

Any right not expressly granted to you in this Agreement remains the right of JPAWA or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service). 

 

Develop, Improve and Update the Service 

 

JPAWA is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones.We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the JPAWA Studio application), that software may
update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your JHELA Account using JHELA Takeout, subject to applicable law and policies. 

Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

• access or use the Services if you are not fully able and legally competent to agree to these Terms;
• make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
• use automated scripts to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• use or attempt to use another’s account, service or system without authorisation from JPAWA, or create a false identity on the Services;
• use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
• any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
• material that, in the sole judgment of JPAWA, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose JPAWA, the Services or its users to any harm or liability of any type.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

 

Your Content and Conduct 

Uploading Content 

If you have a JPAWA channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.  

Objectionable Content

JTOK will not tolerate content that is objectionable or abusive users. Such contect and profiles that violate these terms and community guidelines shall be permanentl y suspended.

Rights you Grant 

 you retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain
rights to JPAWA and other users of the Service, as described below. 

Licence to JPAWA 

By providing Content to the Service, you grant to JPAWA a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that
Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service. 

Licence to Other Users 

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service,
and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. 

Duration of Licence 

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the
operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require JPAWA to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal
purposes. 

Right to Monetize 

You grant to JPAWA the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting June 1, 2021, any payments you may be entitled to receive from JPAWA under any other agreement between you and JPAWA (including for example payments under the JPAWA Partner Program, Channel memberships or Super Chat) will be treated as royalties. If required by law, JHELA will withhold taxes from such payments. 

Removing Your Content 

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms. 

Removal of Content By JPAWA  

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to JPAWA, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for JPAWA or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, JPAWA or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center. 

 

Community Guidelines Strikes 

JPAWA operates a system of “strikes” in respect of Content that violates the JPAWA Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your channel from JPAWA. A full description of how a strike affects your channel is available on the Community Guidelines Strikes Basics page. If you believe that a strike has been issued in error, you may appeal here. 

If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and JHELA reserves the right to terminate your JHELA account or your access to all or part of the Service. 

 

Copyright Protection  

 

We provide information to help copyright holders manage their intellectual property online in our JPAWA Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.   

We respond to notices of alleged copyright infringement according to the process in our JPAWA Copyright Center, where you can also find information about how to resolve a copyright strike. JPAWA's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.  

Account Suspension and Termination 

Terminations by You 

You may stop using the Service at any time. You can also delete the Service from your JHELA Account, which involves closing your JPAWA channel and removing your data, with the option to download a copy of your data first.  

 

Terminations and Suspensions by JPAWA 

 

JPAWA reserves the right to suspend or terminate your JHELA account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, JPAWA or our Affiliates. 

 

Notice for Termination or Suspension  

We will notify you with the reason for termination or suspension by JPAWA unless we reasonably believe that to do so: (a) would violate the law or the
direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the
Service; or (d) would cause harm to any user, other third party, JPAWA or our Affiliates. 

 

Effect of Account Suspension or Termination 

 

If your JHELA account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form. 

 

About Software in our Service 

Downloadable Software 

 

When the Service requires or includes downloadable software (such as the JPAWA Studio application), unless that software is governed by additional terms which provide a licence, JPAWA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by JPAWA as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by JPAWA, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or toreverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have JPAWA’s written permission.  

Open Source  

Some software used in our Service may be offered under an open source licence that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses. 

Other Legal Terms 

Warranty 

We provide the Service with reasonable care and skill. 

Disclaimer 

 

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, JPAWA does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service. 

 

Limitation of Liability 

 

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.  

To the extent permitted by applicable law, JPAWA and its Affiliates will not be responsible for: 

losses that were not caused by JPAWA or its Affiliates’ breach of this Agreement; 

any loss or damage that was not, at the time that this Agreement was formed between you and JPAWA, a reasonably foreseeable consequence of JPAWA or its Affiliates breaching this Agreement; or the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user. 

Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply: 

 

JPAWA and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and JPAWA and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that JPAWA has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to JPAWA, of the claim and (b) KES500, whichever is higher. 

Third-Party Links 

 

The Service may contain links to third-party websites and online services that are not owned or controlled by JPAWA. JPAWA has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit. 

About this Agreement 

Changing this Agreement  

We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. 

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service. 

Continuation of this Agreement  

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.  

Severance  

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms. 

 

Assignment 

JPAWA may transfer all or part of this Agreement to an Affiliate or, if JPAWA is sold, to a third party. 

No Waiver 

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).  

Governing Law 

This Agreement, and your relationship with JPAWA under this Agreement, will be governed by Kenyan Law, and legal disputes may be brought in the courts of Kenya.