0

All the legal stuff in one place

Kindly try to read through all the different sections to have a better understading of our operations

We respect your privacy and have developed a detailed Privacy Policy. Please take the time to read our Privacy Policy below. By accessing our website or our mobile app and by using our services, you are also accepting the terms of our Privacy Policy.

 

You should be aware that when you click certain links on our website or within our app you could be directed to other companies’ properties outside of our hosted environment where the information collected is outside of our direct control. The privacy policy of the third parties’ properties or applications will govern the information obtained from you by these third parties in those contexts.

 

Persons under 18

NinaForm is not marketed toward persons under the age of 18. If we discover that personal information was inadvertently collected about individuals under the age of 18, we will promptly delete such information.

 

Third-party service-based information

NinaForm is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.





  1. INFORMATION WE COLLECT, RECEIVE AND HOST

 

  • Account and Profile Information: When you use our Services we may require and use certain information such as a valid email address and password. In addition, users may create a profile that includes information such as their geography, first and last name, gender, phone number, interests and associated information, including photos they may wish to upload. Any information users share in publicly-available profiles is their own responsibility. You should carefully consider the risks of making certain personal information—particularly information such as address or precise location information—publicly available. Where a user has decided to login to our site using a third-party authentication service such as Facebook Connect, we may also receive additional profile or other information authorized by that provider.
  • Listings and Transactions: We may host the information, including personal information and contact information, valid contact information and password necessary to provide our Services. Much of the same information used to create an account or profile may be required to post a listing. Any information users share in listings is their own responsibility. Like with profiles, users should carefully consider the risks of making certain personal information—particularly information such as address or precise location information—publicly available in a listing.
  • Games, Advertising and Promotions: We may collect personal information such as your name and contact information when you participate in games, quizzes or other marketing promotions we sponsor on our site or on third-party sites. We may also process information related to the effectiveness of our advertising campaigns, including what ads are viewed and clicked either on our network or on third-party sites.
  • Customer Care: When you contact our customer care department, we may collect the personal information necessary to fulfil your request and to contact you for follow up as needed. We may also contact you using existing account contact information you provide to us for this purpose. We may also collect other information about our communications with our users, for example any user support requests that our users make or any feedback that our users provide to us.
  • Website and Mobile Data: We may automatically receive and log information on our servers from your browser or device including your IP address, software and hardware attributes, pages that you request, mobile identifiers, information about app usage, and other device or systems-level information. This can occur on our website or mobile app, or on third parties’ services.
  • Appended Information: We may also append information we lawfully obtain from business partners or third parties to existing data we hold about our users.

 

  1. IP ADDRESS, COOKIES & MOBILE IDENTIFIERS

 

  • We may collect certain information through technology like cookies, pixels and local storage (like on your browser or device). Cookies are small text files that store information on your computer, mobile phone or other device locally. Pixels are small images that are part of codes on webpages that do things like allow another server to measure viewing of a webpage and often are used in connection with cookies. The code trackes if and when (and on which page) a pixel is loaded to indicate that a user has engaged with a specific screen or portion of a screen.
  • With the help of cookies, the web server can save, for instance, preferences and settings on the user’s computer, mobile phone or other device which are then automatically restored on the next visit. Or to put it another way, the cookies are used, among other things, to make the use of the site more user-friendly so that, for instance, you do not have to repeat the log-in process when you visit again. We use both persistent cookies and session cookies. Whereas persistent cookies remain on your computer for a longer period of time, session cookies are automatically deleted when the browser window is closed.
  • We may allow third parties such as advertising or analytics providers to collect information using these types of technologies directly on our website or from our mobile application. The data that they collect is subject to the applicable privacy policy of those third parties.

 

  1. USE OF THIS INFORMATION

 

  • To provide our service we may use the information we collect and host for the following general purposes:

(i) to provide customer services, including to create and manage user accounts, to resolve technical difficulties and to enable features;

(ii) to customize offers and experiences, including advertising  on our properties or third parties’ properties;

(iii) to monitor general and individual user activity, such as keyword searches, postings and transactional activity, and to manage traffic on the Website;

(iv) to contact our users, including for service matters, customer care or permitted marketing communications via any available communications channels;

(v) to undertake research initiatives and to perform analytics to improve our services; and

(vi) to enforce our Terms of Use including to combat fraud and abuse.

  • We may retain information that we collect and observe on our network only for as long as is required to fulfil the above business objectives.

 

  1. INFORMATION SHARING

 

  • We may share information we collect with our affiliates (companies under common ownership and control), located in any third country. These companies may only process and use this information to assist us for purposes described above and are bound to honor this Privacy Policy.
  • We do not share personal information about our users with non-affiliated third parties unless we have our users’ specific permission to do so, or in the following circumstances:
    • We may use third-party service providers to assist in offering aspects of our services, in which case they shall have no authority to independently use any personal information they process on our behalf, and shall be subject to the terms of this Privacy Policy.
    • We reserve the right to share information with private or public authorities that will enable us to fight fraud and abuse on our network, to investigate suspected violations of law, or to fight any other suspected breach of our terms of service.
    • We may share personal information with government authorities as required by applicable law.
  • As a matter of policy we do not rent or sell personal information about our users with non-affiliated third parties unless we have our users’ specific permission to do so. In the event that our business or a division of our business is reorganized or sold and we transfer all or substantially all of our assets to a new owner, your personal information may be transferred to the buyer to enable continuity of service.
  • We may share certain non-personal information (data that does not identify our users individually) with third-party service providers, trusted partners or approved researchers in order to better understand what advertisements or services may interest you, to improve the overall quality and effectiveness of our services or their services, or to contribute to academic research that we believe is of broader social benefit.

 

  1. USER CONTROLS

 

  • Access, Correction and Deletion: For users that have created an account or listing with us, you can access, correct or delete your personal information by writing to us via our Contact Form. You are responsible for keeping the data you provide or post on our network accurate. If your account was created through an identity provider (e.g. Facebook Connect) you may also disable or change the account information through the settings offered by the identity provider (e.g. on Facebook.com).

 

  • Third Party Choice: Certain third parties active on our site, e.g. Google Adwords, give you the ability to opt out of their collection and use of information for interest-based advertising. You can visit http://www.youronlinechoices.com. or http://www.networkadvertising.org to learn more about this practice and to exercise choices over how this type of information may be collected and used.

 

  • Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting

 

 

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

 

  • Cookies: Most major desktop and mobile web browsers (e.g Safari, Firefox, Internet Explorer, Chrome, Opera) provide controls that allow you to limit or block the setting of cookies on your systems. Note that disabling cookies in your browser for either first-party domains (the sites you actively visit) or third-party domains (companies other than those you directly visit on the Web) may result in decreased functionality in certain instances.

 

  1. SECURITY

 

All information we collect is protected by reasonable technical means and reasonable security procedures in order to prevent unauthorized access or use of data. Our affiliates, trusted partners and third-party service providers have committed to manage the information in accordance with our requirements for security and privacy.






 CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

  • Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

 

  1. CHANGES TO THIS POLICY

 

This Privacy Policy was last updated on September 7th 2021.  By continuing to use our services, our users confirm their continuing acceptance of any updates to this Privacy Policy.

 

  1. CONTACT INFORMATION

 

 Questions about this Privacy Policy and/or the Terms of Use can be submitted to us via our Contact Form.

 

Contacting Us

 

 

If there are any questions regarding this privacy policy, you may contact us using the information below.

 

ninaform.com

Nairobi

Nairobi, Kenya 00200

 

Kenya

[email protected]

Last Edited on 2021- September -7th

WHEREAS, NinaForm Solutions (hereby referred to as NinaForm) provides membership to  enable travel in Kenya and in foreign countries;

 WHEREAS, I desire to travel or participate in NinaForm activities in Kenya and outside of Kenya, I understand that NinaForm will support me to do so only upon agreeing to this agreement, which is intended to be a waiver by me of all claims and to indemnify NinaForm solutions and hold NinaForm solutions harmless from all liability that

may arise during my travel in Kenya or foreign country;

 

 NOW, THEREFORE, in consideration of NinaForm providing for travel, I agree as follows:

 

  1. I assume all risks and accept full responsibility surrounding my travel, the transportation related to my travel and any other activities undertaken in relation to my travel.

 

  1. I agree to release, waive, discharge covenant not to sue NinaForm, its officers, employees and agents for any and all liability for damage to property and for injuries to me from any cause whatsoever arising at any time during my travel. I further agree to indemnify and hold the NinaForm and NinaForm’s officers, employees and agents harmless from and against any and all claims, demands, losses, liabilities, obligations, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any damage or injury to me, my property, or to any person or persons or anyone’s property arising out of or in connection with my travel, whether caused by the negligence of NinaForm or otherwise. This release specifically and solely excludes claims for workers compensation benefits. This agreement is otherwise intended to be a complete and absolute waiver of any and all claims against NinaForm in any way associated with my travel. This will include, by way of example, but is

not limited to the following:

 

  1. Accident, injury, loss, damage, delay, irregularity or expense arising from the use of any airline, steamship, railroad, bus, taxicab, automobile, motorcycle, bicycle or other mode of transportation, including any act or omission of any transporting company, firm, individual or agency;
  2. Any accident, injury, loss, damage, delay, irregularity or expense arising from the use of any place for room and board, any dormitory, hotel, inn, youth hostel, apartment, room, private home, restaurant, cafe or other place of room and board;
  3. Any intentional or unintentional injury to me, whether or not it results in sickness, death or disability, caused from sustaining any injury or contracting any illness, which shall include but not be limited to bodily and emotional injury resulting from the acts of another person or persons, disease, epidemic, hospitalization, surgical operation, medical treatment, taking of any medicine or drugs, unavailability or sporadic availability or inadequate medical assistance and health care facilities, or any cause connected therewith;
  4. Any intentional or unintentional damage, injury or loss to property owned or in my custody;
  5. Any intentional or unintentional injury caused in whole or in part by me, whether alone or together with or in association with others, to any person or persons or the property of any person or persons;
  6. Any financial or other obligation incurred by me during the duration of the travel, including without limitation, obligations or liabilities incurred by me in any country;
  7. Any injury, loss, damage, delay, irregularity or expense arising from government restrictions or regulations, war, rebellion, terrorist acts, kidnapping, passing through customs, weather, acts of God or governments, or any other like reasons; 
  8. Any taking, processing, publishing or otherwise using photographs of me either alone or with others, in any way deemed desirable by the University in its sole discretion;
  9. Any substitution of the scheduled travel;
  10. Any injury, loss, damage, delay, irregularity or expense arising from independent travel by me, alone or with others;
  11. Any intentional or unintentional accident, injury, loss, damage, delay, irregularity or expense arising out of unfamiliarity with local laws, culture or customs.

 

  1. I intend for this agreement to bind my family and spouse and, if I am deceased, my heirs, assigns and personal representative.

 

  1. I shall acquire and maintain adequate health and accident insurance that includes coverage for treatment of illness and injuries occurring while I am travelling in Kenya or a foreign country.

 

  1. I agree to comply with all NinaForm policies and procedures including travel policies.

 

  1. I understand and agree that NinaForm has not made and does not make any representations or warranties whatsoever with respect to my personal safety or property while traveling.
  2. I understand that I may confer with an attorney prior to signing this Agreement.

 

  1. If an American, I have read and understood the information provided by the United States Department of State Consular

Information Sheet http://travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html, will continue to monitor this information, will consider this information in my on-going travel planning, and understand and accept the risks of my travel plans as described in these materials.

 

  1. In the event any portion or clause of this Agreement is found or declared by a court of competent jurisdiction to be unenforceable, unconstitutional, or otherwise invalid, such findings shall not affect the enforceability or validity of the remainder, and any unenforceable clause or portion of this Agreement shall be severed therefrom without affecting the validity of the remainder.

 

  1. This Agreement shall be governed and controlled by the laws of the Republic of Kenya and jurisdiction with respect to any proceeding having to do with this Agreement is vested in the courts within Kenya. 

Our Royalty-Free Licensing Agreement

 

We strive to create a fair & safe platform for both our artists and our buyers. Hence we want to provide a royalty-free licensing agreement that is simple and transparent, so you can use your purchased Elements with a peace of mind.

 

What does Royalty-Free mean?

 

Royalty-Free

 

Royalty-Free Licenses are very convenient for video creators like yourself.

 

You are able to use our royalty-free stock content:

 

with no additional licensing fees required,

in unlimited projects forever,

across all media worldwide, and

safe for commercial use

subject to the 4 basic ideas below.

To enjoy all these benefits, your end product has to adhere to a few restrictions. Here we attempt to distill the agreement down to a few basic ideas.

 

4 Basic Ideas

All of the following rules apply to all our Elements, regardless of whether you are paying for them or you are downloading them for free.

 

Basic Idea #1

There are 3 main rules of using our royalty-free Elements:

 

no-tm

You may not use the Elements as a logo, trademark or service mark.

 

no-porn

You may not use the Elements in any pornographic, illegal purposes or controversial ways.

 

no-resell

You may not resell or redistribute the Elements.

 

Basic Idea #2

What does “reselling or redistributing” mean? Here are a few examples.

 

template

You may use our Elements in screensavers, templates, standalone backgrounds, stock elements, ringtones, etc.

 

For Photo, Vector and GIF, the physical reproduction limitation is 1,000 units.

 

no-download

You may not sell or give away our Elements on, for example, your YouTube channel, your website, P2P file sharing services, etc.

 

For Photo, Vector and GIF, copies of merchandise for sale are not allowed.

 

If you wish to use the content in products such as templates, electronic greeting cards, screensavers, wallpapers, or any other electronic or printed matter, you have to obtain a prior written consent of NinaForm Solutions and/or make payment of additional License Fees.

 

Basic Idea #3

no-endorse

 

If an Element features a model, and you are using the Element

 

in a manner that suggests the model personally uses or endorses the product or service, or

with a subject that would be unflattering, embarrassing or controversial to a reasonable person,

you have to indicate each such use with a statement that indicates that the person is a model and that the Element is being used for illustrative purposes only.

 

Basic Idea #4

no-authorship

 

You cannot falsely represent or imply that you are the original creator of your end work if a substantial part of its artistic components is from the Element.

 

Similarly for stock music, you cannot use the Elements to create derivative work and pass it off as your own, unless the Element is labelled with “Available For Musical Works”.

 

Other Ideas

license-editorial license-pro

You will notice that some of our Elements are labelled with an “Editorial Use Only” label or a “P.R.O.” label. These Elements do also follow the basic Royalty-Free licensing, only that there are certain additional restrictions or fees to their usage. For more information on these, you can read up on them at the following articles:

 

What Does Editorial Use Only Mean?

What is a P.R.O. Registered Track?

So what can I use the Elements for?

As long as you steer clear of the above examples, you should be fine.

 

Here are some examples of what you can create with Royalty-Free Elements:

 

usage-advert

Advertisements

You want to create an advertisement to show your company as a global company and will like to include videos of skylines around the world.

 

usage-website

Websites & Blogs

You want to use a video as a slick background and has duly altered the original video by dropping its frame rate and adding your website’s logo as a watermark.

 

usage-event

Events

You want to create an event video. You bought a template to put in videos and photos captured during your event, and customized the template with your event’s name.

 

usage-game

Software, Apps & Games

You created a battle game and needed a piece of music for whenever the enemy appears to fight, so you bought a piece of epic music to use.

 

usage-film

TV and Films

You have a scene that implies your character has worked through the night, so you bought a timelapse footage of night to day.

 

usage-youtube

YouTube

You are creating an edutainment video for your YouTube channel to talk about how blood flows in our body and you bought an animation of red blood cells flowing in blood vessels.

 

THIS LICENSE AGREEMENT (‘Agreement’), sets forth the terms and conditions between you (‘Licensee’, ‘you’) as licensee and NinaForm Solutions Private Limited, a Kenyan company (‘NinaForm Solutions’) as licensor. The term licensee includes the client if the agent is acting on behalf of the client and provided both agent and client are jointly and severally liable to NinaForm Solutions under the agreement.

 

This license agreement is in addition to the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them. In the event of any inconsistency, the terms of this Agreement shall govern. If you do not agree to the terms in the documents, cease the use of the Website and do not continue with any license purchase.

 

License Terms

 

Subject to the terms of this License Agreement, NinaForm Solutions grants you a perpetual, worldwide, non-transferable, non-exclusive right to use, modify, reproduce, transmit and display, in whole or in part, and right to create derivative works with respect to the Content, an unlimited number of times, in any and all media for all uses other than the restrictions in Section 3 below.

 

Anything you produce using the Content must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.

 

Seat Restrictions

 

The Single-Seat license authorizes one (1) natural person (user) to license and use the Content. You are, however, allowed to transfer materials or derivative work containing the Content to third parties for reproduction within the scope of the permitted uses, with the provision that they do not receive any additional rights to the Content and cannot access the Content or extract them from materials you provided.

 

Shared and simultaneous use of the same account by multiple users is not permitted. Each user needing to access and use the Content must have his/her own account.

 

Restrictions on Use

 

Except as provided herein, you may not:

 

sell, convey, assign or otherwise transfer or distribute any portion of the Content or the rights granted under this Agreement;

 

use Content marked as “Editorial Use Only” for commercial purposes;

 

incorporate the Content into a logo, trademark or service mark;

 

use any Content in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other subject matter and materials. The Content may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Content;

 

use any of the Content in any manner prohibited by any export laws, restrictions or regulations;

 

falsely represent, expressly or impliedly, that you are the original creator of an audio / visual work that derives a substantial part of its artistic components from the Content;

 

sell its End Product in such a way that permits Content Users to extract or access the Content as a stand-alone file;

 

without obtaining the prior written consent of NinaForm Solutions and the payment of additional License Fees: include the Content in an electronic template intended to be used by third parties on electronic or printed products, or where the purpose is to create multiple impressions, whether online or not, including templates, backgrounds in video editing applications, electronic greeting cards, screensavers or wallpaper for mobile devices or any other electronic or printed matter;

 

use, sell, reproduce, distribute, display, incorporate into or otherwise make available the Content and any derivative work incorporating the Content, in whole or in part, as screensavers, templates, standalone backgrounds, stock elements, effects imagery elements, ‘hold’ music, ringtones or downloadable files. You may not distribute any Content via mobile devices or upload online that enables it to be downloaded or shared, including, without limitation, websites, electronic bulletin boards, P2P file sharing services, FTP, IRC, cloud storage services or the like. The Content and any derivative work containing the Content may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These restrictions apply even if the Content has been significantly altered.

 

All copyrights, trademarks and service marks remain the exclusive property of the trademark or service mark proprietor. If there are any incidental trademarks or logos contained in the Content, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks, and the inclusion of these incidental trademarks in the Content does not in any way imply such association with or endorsement of this Content.

 

Any music inherent (other than the Audio Content made available for purchase on the Website) which may be included with the Content is ambient sound only. It was not recorded and is not compressed in a format suitable for any other use, and NinaForm Solutions authorizes no use. Additionally, audio to certain performance sections may require additional clearances from any performer. NinaForm Solutions authorizes no use of copyrighted music or performances.

 

Content shall not be used contrary to any restriction on use that is notified to you prior to or at the time the Content is delivered to you. Such restrictions may be included in the information provided with the Content on NinaForm Solutions web site or in any other communication by NinaForm Solutions. Any such restriction provided to you shall be incorporated in this Agreement.

 

Upon notice from NinaForm Solutions, or upon your knowledge that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which NinaForm Solutions may be liable herein, or if NinaForm Solutions withdraws any Content for any good reason, you will physically remove the Content from its premises, computer systems and storage (electronic or physical) and, if possible, cease any future use at its own expense. NinaForm Solutions shall provide you with comparable Content (which comparability will be determined by NinaForm Solutions in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

 

Availability For Musical Works: Unless Audio Content is stated on the Website as being “Available For Musical Works”, you may not:

 

use it, in whole or in part without synchronization or other combination with other original work(s) of authorship so that the combination forms a derivative work;

 

use it, in whole or in part, as an element of a new musical work (e.g., by combining the music Audio Content with other work so that a copyright can be asserted in the resulting song); or

 

modify it, in whole or in part, so that a copyright can be claimed in the resulting song other than as part of an End Product that consists of an audio visual work, an internet page or computer or mobile device application.

 

edit, modify, or alter it (i) beyond basic editing (e.g., setting fade-in/fade-out points, determining start and end points, or using only a selection of the piece), (ii) in a way that alters its fundamental character, harmonic structure, lyrics and/or melody, or (iii) to the prejudice of the unwaivable moral rights of the Contributor;

 

Product Endorsement or Sensitive Use Disclaimer: If any Content featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, you must accompany each such use with a conspicuous statement that indicates that the person is a model and the Content is being used for illustrative purposes only. These requirements are without prejudice to the obligations of NinaForm Solutions regarding use of the Content contained elsewhere throughout this Agreement.

 

Releases and Clearances: NinaForm Solutions will notify you where it has obtained a model release and/or a property release for Content, either in the Website, or by other means. You agree not to use any Content in a politically partisan manner without written permission from NinaForm Solutions, such approval may be withheld for any reason. Except as specifically notified by NinaForm Solutions to you, We do not provide any copyright clearance or model or property releases with respect to the Content and grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Content. You shall be solely responsible for determining whether a clearance or release is required in connection with any proposed use of such Content. You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. NinaForm Solutions makes no representations or warranties as to whether or not any additional fees or payments may be due to any trade union, trade organization or model depicted in Content.

 

Credit Attribution

 

If any Content is used in an editorial context, you will use reasonable efforts to provide a credit line hyperlink back to www.NinaForm Solutions.com (where applicable) in the form: “Stock media provided by [Contributor’s name]/NinaForm Solutions.com”.

 

If any Content is used in a film, television broadcast, documentary, audio/visual, multimedia project or any other works where crediting is customary, you shall use reasonable efforts to provide a credit line in the form: “Stock media provided by NinaForm Solutions.com”. The inclusion of a hyperlink back to www.NinaForm Solutions.com is optional.

 

The unintentional omission of credit attribution will not be considered to be a breach of this Agreement provided that you cure such omission upon email notice from NinaForm Solutions.

 

Additional Provisions Regarding Audio Content

 

For Non-PRO Audio Content, the Contributor has represented and warranted that: (i) the license to us includes rights to the composition of the Audio Content, if there is one; and (ii) except as provided in the next sentence, the licenses that we are authorized by the Contributor to grant includes the nonexclusive right to publicly perform, transmit to the public and distribute the Content, as contained in a Works for Distribution and when used as permitted under the other provisions of this Agreement.

 

For PRO Audio Content, this agreement shall not be deemed a waiver of any PRO royalties. You shall submit, and will instruct any third Person acquiring rights to the Works for Distribution, to submit cue sheets to the relevant PRO and you will timely pay any PRO royalties or ensure such royalties are timely paid.

 

Payment

 

All Content sales are final and cannot be returned. Refunds if any are based strictly on our Sales Policy, given at the sole discretion of NinaForm Solutions.

 

Prices, offers and products are subject to availability and may change.

 

You are responsible for paying any applicable taxes and duties, in addition to the price shown on the Website, imposed by any jurisdiction as a result of the License or usage of the Content.

 

Term and Termination

 

The license contained in this Agreement will terminate automatically without notice from NinaForm Solutions if you fail to comply with any provision of this Agreement.

 

You can also terminate this Agreement by giving us written notice.

 

Upon termination, all Content Users must immediately (i) stop using the Content, and (ii) destroy the Content and any derivative works, along with any copies of it, from Content Users’s premises, computer systems and storage (electronic or physical).

 

NinaForm Solutions Representations and Warranties

 

LIMITED WARRANTY: NinaForm Solutions WARRANTS THE CONTENT TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR THIRTY (30) DAYS FROM THE DATE OF LICENSE SALE.

 

EXCLUSIVE REMEDY: THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS THE REPLACEMENT OF THE CONTENT OR REFUND OF THE PURCHASE PRICE, AT OUR OPTION.

 

DISCLAIMER OF WARRANTIES EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, NinaForm Solutions AND OUR CONTRIBUTORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE IN TRADE. NinaForm Solutions DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE OR PAYMENT OF PERFORMING RIGHTS OR OTHER SIMILAR FEES BE REQUIRED, YOU (AND NOT NinaForm Solutions) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS OR PAYMENTS.

 

While NinaForm Solutions has made reasonable efforts to correctly categorize and tag keywords, captions, titles and other metadata of the Content, NinaForm Solutions does not warrant the accuracy of such information.

 

You should examine all Content for possible defects (whether digital or otherwise) before purchasing or using it. We shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Content or its caption or in any way from its reproduction.

 

Indemnification

 

You assume full responsibility for the use of the Content. You agree to defend, indemnify and hold NinaForm Solutions Parties harmless from and against any and all claims, lawsuits, demands, damages, torts, loss, liability, or expenses (including reasonable attorneys’ fees and costs), arising out of or as a result of claims by third parties relating to your use of the Content outside the scope of this Agreement or any other breach of this Agreement by you, your end-users, customers or anyone acting on your behalf.

 

Limitations of Liability

 

IN NO EVENT SHALL NinaForm Solutions PARTIES OR OUR CONTRIBUTORS BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE CONTENT, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

NOTWITHSTANDING ANY OTHER TERM IN THIS OR ANY OTHER AGREEMENT, NONE OF THE NinaForm Solutions PARTIES OR OUR CONTRIBUTORS SHALL BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU, ANY OF YOUR REPRESENTATIVES OR ANY THIRD PARTY OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.

 

NinaForm Solutions’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU. THE PRICE STATED FOR THE CONTENT IS A CONSIDERATION IN LIMITING NinaForm Solutions’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

 

Miscellaneous Provisions

 

You represent and warrant that you have full right and authority, and if you are an individual, you are over 18 years of age and have the capacity to enter into and create binding legal obligations set out in this agreement.

 

This Agreement is a license, not an agreement of sale. We and/or the Contributors will retain all other rights, including copyright and other proprietary rights in the Content, that are not specifically granted in this Agreement.

 

Electronic Storage: For all Content that you take delivery of in electronic form, you must retain the copyright symbol, the name of NinaForm Solutions and the element number, all metadata or other identification number associated with the Content may be included as part of the electronic file. You will take all reasonable measures to safeguard against unauthorized third-party access to the Content.

 

Unauthorized Use: Any use of Content by you or your customers in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling NinaForm Solutions to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting in a breach and from any breach or copyright infringement, including any claims by third parties.

 

Inspection: Upon reasonable notice, NinaForm Solutions may inspect any records, accounts and books relating to the use of any of the Content to ensure that the Content is being used in accordance with this Agreement.

 

Copyright and Copyright Notice: All Content is copyright NinaForm Solutions or its licensors and is protected by Singapore Copyright laws, United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Content are transferred to you. You agree to provide copyright attribution as requested.

 

Withdrawal: NinaForm Solutions shall have the right to withdraw Content because of actual or threatened litigation with respect to the Content; any binding declaration or order issued by a competent court or government authority that prevents the content from being distributed; or any reason beyond our control. We shall give you as much advance notice as practicable of any such withdrawal. You acknowledge that our right to withdraw content pursuant to this paragraph is of a special and unique character which gives it a peculiar value and that your license or other exploitation of Content after the effective date of a notice of withdrawal could cause us irreparable injury and damage. You, therefore, agree that in addition to any right or remedy granted NinaForm Solutions hereunder, we shall be entitled to injunctive and other equitable relief against you to prevent any exploitation after the effective date of a notice of withdrawal.

 

Third party: If you are agreeing to these terms on behalf of someone else (like your employer), you represent and warrant that you have full legal authority to bind that third party.

 

Survival: Any provisions that by their sense and context are intended to survive the termination of this agreement shall survive such termination. Any cause of action that NinaForm Solutions may have against you for breach of this agreement prior to the date of termination shall survive such termination.

 

Severability: If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

 

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

 

Choice of Law: This Agreement will be governed in all respects by the laws of the Republic of Singapore, without reference to its laws relating to conflicts of law. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in our opinion, such action is necessary or desirable.

 

Language of the Terms: Where NinaForm Solutions has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with us. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

 

Changes to Terms: Notwithstanding anything else in this or any other agreement, (i) We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on the Website, and (ii) you will be subject to the terms of this Agreement in force at the time that you download the Content.

Organized tours and trips are in partnership with our partner travel company NinaTrek which will handle all organized trips in and out of Kenya.




  • Your purchase does not automatically guarantee a reservation. Your purchase will be confirmed via email within one to two business days. The cancellation fee policy will take effect once you submit your reservation. If your purchase cannot be confirmed for any reason, we will fully refund your purchase without any additional charges. We recommend each customer read and review the cancellation policy and consider purchasing a Travel Insurance policy.

 

What CAN be Refunded:

  • Some tours may require a minimum number of travellers to operate. The affected traveller will be fully refunded or may choose a similar tour product as a substitute. Should this occur, it would be under very rare circumstances.

 

  • Please note that the product substitute chosen by the traveller may be more expensive than the original product and therefore may be subject to an additional cost.
  • Any additional refunds based on extenuating circumstances will depend on the individual tour operator.

 

 

What CANNOT be Refunded:

  • All hotel and tour schedules are arranged ahead of time. Any person failing to appear on the day of departure will not be refunded.

 

  • No refund will be given for any portions of the tour unused by the traveller after tour departure regardless of circumstances.
  • Airfare is completely non-refundable and non-changeable for tours when airfare is included in the final price.
  • Hotel extensions and Instant Confirmation products (admission tickets, city passes, etc.) cannot be exchanged or refunded once confirmed.

 

 






Our Cancellation Policy

The Cancellation Policies listed below apply to all reservations unless the tour booked has specific rates or fees listed under “Special Notes.” Please carefully review the “Special Notes” of your tour prior to booking. Please know that NinaformSolutions will always adhere to individual tour policies when applicable.

 

 

Cancellation Made Within                                    Refund Policy

6 days prior to departure                                        Non-refundable

7-15 Days Prior to Departure Date                          50% of total purchase amount can be refunded

16-24 Days Prior to Departure Date                        75% of total purchase amount can be refunded

25 or more Days Prior to Departure Date              100% of total purchase amount can be refunded

 

 

 

  • Please note that cancellation fees are calculated based on the date we receive your signed Cancellation Request Form and travel service start date.
  • If a tour is scheduled to depart within the next 6 days, we will not change a traveller’s departure date and will not offer a refund.
  • All cancellations must be made directly with NinaformSolutions.
  • In most cases, reservations paid by wire transfer, cash deposit, or money order/traveller’s check/cashier’s check will be refunded via PayPal or check. For refunds processed by wire transfer, any associated wire transfer fee will be deducted from the overall refund amount.

 

 

Free Cancellation

Single Day Tours/Activities*: Cancel at least 7 Days in advance of the start date of the experience for a full refund.

 

  • Admission tickets/passes or skip-the-line tickets excluded. Please check special notes as some tours are non-refundable.

 

 

How to Cancel a Reservation

We will process your cancellation/refund request within one to seven business days. We will NOT acknowledge any verbal / over-the-phone request or voice mail. Verbally speaking with our customer service representatives without filling out a request form will not guarantee that your cancellation has been processed or acknowledged. We will NOT accept email cancellations unless they have a complete, signed, and attached

 




 

Cancellation Form.

  • Cancellation must be made by filling out and signing the Ninaform Solutions Cancellation Request Form. Please explain why you are requesting a cancellation. Please download the Cancellation Request Form here.
  • Contact Email: [email protected]
  • By Phone: +254739111333

 

 

Amendment Fees:

Any changes made to a reservation after successfully submitting the order online and 7 days before the tour departs for single day and 24 days before the tour departs for multi day tours will be subject to a minimum $30.00 Amendment Fee (per change). Reservations will be confirmed within one to two business days. The following constitute as an amendment to a tour:

 

  • Changing departure date
  • Changing pick up time or location
  • Changing tour
  • Changing guest name
  • Changing itinerary
  • Removing / Replacing a guest
  • Adding / Replacing a guest
  • The $30.00 amendment fee is a minimum tour change fee. If you request multiple changes and/or request the adjustments at the last minute, additional fees may apply (in addition to the $30.00 amendment fee). Paying the $30.00 amendment fee does not guarantee a change can or will be made.
  • To cancel a passenger from a reservation with promotions such as “Buy 2, Get 1 Discounted” or “Buy 2, Get 2 Discounted” within seven days of the departure date, please refer to the “Pricing” tab of the product page for penalty fees. If the cancellation is beyond seven days of departure date, the $30.00 fee will be applied per person.

Organized tours and trips are in partnership with our partner travel company NinaTrek which will handle all organized trips in and out of Kenya.




  • Your purchase does not automatically guarantee a reservation. Your purchase will be confirmed via email within one to two business days. The cancellation fee policy will take effect once you submit your reservation. If your purchase cannot be confirmed for any reason, we will fully refund your purchase without any additional charges. We recommend each customer read and review the cancellation policy and consider purchasing a Travel Insurance policy.

 

What CAN be Refunded:

  • Some tours may require a minimum number of travellers to operate. The affected traveller will be fully refunded or may choose a similar tour product as a substitute. Should this occur, it would be under very rare circumstances.

 

  • Please note that the product substitute chosen by the traveller may be more expensive than the original product and therefore may be subject to an additional cost.
  • Any additional refunds based on extenuating circumstances will depend on the individual tour operator.

 

 

What CANNOT be Refunded:

  • All hotel and tour schedules are arranged ahead of time. Any person failing to appear on the day of departure will not be refunded.

 

  • No refund will be given for any portions of the tour unused by the traveller after tour departure regardless of circumstances.
  • Airfare is completely non-refundable and non-changeable for tours when airfare is included in the final price.
  • Hotel extensions and Instant Confirmation products (admission tickets, city passes, etc.) cannot be exchanged or refunded once confirmed.

 

 






Our Cancellation Policy

The Cancellation Policies listed below apply to all reservations unless the tour booked has specific rates or fees listed under “Special Notes.” Please carefully review the “Special Notes” of your tour prior to booking. Please know that NinaformSolutions will always adhere to individual tour policies when applicable.

 

 

Cancellation Made Within                                    Refund Policy

6 days prior to departure                                        Non-refundable

7-15 Days Prior to Departure Date                          50% of total purchase amount can be refunded

16-24 Days Prior to Departure Date                        75% of total purchase amount can be refunded

25 or more Days Prior to Departure Date              100% of total purchase amount can be refunded

 

 

 

  • Please note that cancellation fees are calculated based on the date we receive your signed Cancellation Request Form and travel service start date.
  • If a tour is scheduled to depart within the next 6 days, we will not change a traveller’s departure date and will not offer a refund.
  • All cancellations must be made directly with NinaformSolutions.
  • In most cases, reservations paid by wire transfer, cash deposit, or money order/traveller’s check/cashier’s check will be refunded via PayPal or check. For refunds processed by wire transfer, any associated wire transfer fee will be deducted from the overall refund amount.

 

 

Free Cancellation

Single Day Tours/Activities*: Cancel at least 7 Days in advance of the start date of the experience for a full refund.

 

  • Admission tickets/passes or skip-the-line tickets excluded. Please check special notes as some tours are non-refundable.

 

 

How to Cancel a Reservation

We will process your cancellation/refund request within one to seven business days. We will NOT acknowledge any verbal / over-the-phone request or voice mail. Verbally speaking with our customer service representatives without filling out a request form will not guarantee that your cancellation has been processed or acknowledged. We will NOT accept email cancellations unless they have a complete, signed, and attached

 




 

Cancellation Form.

  • Cancellation must be made by filling out and signing the Ninaform Solutions Cancellation Request Form. Please explain why you are requesting a cancellation. Please download the Cancellation Request Form here.
  • Contact Email: [email protected]
  • By Phone: +254739111333

 

 

Amendment Fees:

Any changes made to a reservation after successfully submitting the order online and 7 days before the tour departs for single day and 24 days before the tour departs for multi day tours will be subject to a minimum $30.00 Amendment Fee (per change). Reservations will be confirmed within one to two business days. The following constitute as an amendment to a tour:

 

  • Changing departure date
  • Changing pick up time or location
  • Changing tour
  • Changing guest name
  • Changing itinerary
  • Removing / Replacing a guest
  • Adding / Replacing a guest
  • The $30.00 amendment fee is a minimum tour change fee. If you request multiple changes and/or request the adjustments at the last minute, additional fees may apply (in addition to the $30.00 amendment fee). Paying the $30.00 amendment fee does not guarantee a change can or will be made.
  • To cancel a passenger from a reservation with promotions such as “Buy 2, Get 1 Discounted” or “Buy 2, Get 2 Discounted” within seven days of the departure date, please refer to the “Pricing” tab of the product page for penalty fees. If the cancellation is beyond seven days of departure date, the $30.00 fee will be applied per person.