General Terms of Use

Effective Date: November 1, 2024

Your use of Hue and Heft (the Website) is conditioned upon your acceptance of these legal terms of use, including our privacy policy. The Website reserves the right to modify or update these legal terms from time to time, effective immediately upon posting. It is your responsibility to review these terms periodically for updates.

IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, PLEASE EXIT THE WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

1. Rights to Contents and Intellectual Property

The copyrights to all original materials, content, selection, and arrangement on this Website (including text, interfaces, images, design, etc.) are proprietary to Hue and Heft, its affiliates, or third-party licensors. You may not copy, reproduce, modify, or distribute any part of this Website without prior written consent from Hue and Heft.

All intellectual property, including names, logos, and trademarks appearing on this Website, is owned or licensed by Hue and Heft and its affiliates and may not be used without written consent. Unauthorized use may result in civil or criminal penalties under Kenyan law.

2. Use of This Website

This Website is maintained for your personal use, information, and education. You are encouraged to browse the Website, but all copying or unauthorized use is prohibited and may be a breach of Kenyan intellectual property laws. All commercial use is prohibited without explicit permission from Hue and Heft.

You may not use bots, web crawlers, or any automated methods to access or interfere with this Website. Unauthorized use of these tools shall be considered a violation of these Terms of Use.

3. No Warranties

Hue and Heft provides this Website on an as-is and as-available basis, with no warranties of any kind. Hue and Heft makes no representation that the Website will be error-free, uninterrupted, or free of harmful components.

Hue and Heft shall not be liable for damages caused by viruses or other harmful elements that may affect your devices as a result of using this Website or downloading materials.

4. Limitation of Liability

In no event shall Hue and Heft or its affiliates be liable for any damages arising from your use of this Website. This includes direct, indirect, incidental, or consequential damages, including lost profits, even if advised of the possibility of such damages. Certain consumer protection laws in Kenya may apply, so some limitations may not apply to you, giving you additional rights.

5. Indemnification

You agree to indemnify and hold Hue and Heft harmless from any claims, damages, costs, or expenses arising from your use of the Website or violation of these Terms.

6. Additional Terms and Conditions

Additional terms may apply to specific sections or applications within this Website. These additional terms will be provided when applicable and form a part of this Terms of Use by reference.

7. Purchasing for Resale

Purchasing content from this Website for resale without permission is prohibited. Users may not use purchased materials to set up retail stores or websites for reselling Hue and Heft content.

8. Communications with This Website

You may not transmit any unlawful, defamatory, or obscene material to the Website. Hue and Heft reserves the right to disclose any transmittals or communications to the extent required by Kenyan law or to assist in legal investigations.

Any communication or material you transmit to the Website, including questions or suggestions, is considered non-confidential. Pixels and Paint may use this information for any purpose, including reproduction, marketing, and product development, without compensation to you.

9. Copyright Infringement Claims

If you believe your work has been copied and constitutes copyright infringement, please provide a notice to Hue and Heft’s Copyright Agent. Your notice should include:

• Your signature (electronic or physical) of the person authorized to act on behalf of the copyright owner;
• A detailed description of the copyrighted work claimed to be infringed;
• Identification of the location of the material on the Website;
• Your contact information;
• A statement of good faith belief that the disputed use is unauthorized; and
• A declaration under penalty of perjury that the information is accurate.

The Copyright Agent may be contacted at:
Copyright Agent
Hue and Heft
hue&hueandheft.com
Email: info@hueandheft.com

10. Termination

At its sole discretion, Hue and Heft may discontinue or modify the Website or terminate your account without prior notice.

11. Unaffiliated Products and Websites

References to products or websites not owned by Hue and Heft do not imply endorsement. Hue and Heft is not responsible for content on linked websites, which you access at your own risk.

12. Linking Policy

This Website may link to third-party websites. Each site may have its own terms of use, which you should review. Hue and Heft does not control or endorse these external websites and assumes no responsibility for your experience on these sites.

13. Governing Law and Jurisdiction

This Website shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms or related to the use of this Website shall be resolved exclusively in the courts of Kenya.

By providing us with your information, you consent to its transfer to Hue and Heft in Kenya, where Kenyan law governs data protection and privacy.