We are JKF Media LLC ("Company," "we," "us," "our"), a company registered in Pennsylvania, United Statesat 7300 Lindbergh Blvd #5302, Philadelphia, PA 19153.
We operate the website https://theblackpeoplesguide.com (the "Site"), the mobile application The Black People's Guide (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (+1)2672250806, email at bpg@jkfmedia.com, or by mail to 7300 Lindbergh Blvd #5302, Philadelphia, PA 19153, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and JKF Media LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by bpg@jkfmedia.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: bpg@jkfmedia.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Legal Terms;(4) you are not under the age of 13;(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:https://theblackpeoplesguide.com/privacy-policies. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
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Ironically, the company only exists because an export deal collapsed after they failed to prove compliance with European food standards, a setback that forced them to build the technology themselves.
We continued our conversation in the lobby of the Somerset Westview Hotel in Nairobi’s Kilimani neighbourhood. They spoke about colonial trade patterns, the absurdity of African countries finding it easier to trade with Europe than with one another, why entrepreneurship can outlast development aid, and the lessons they have learnt from farmers, investors, rejection, and each other.
This interview has been edited for length and clarity.
If Green Giraffe never existed, what do you honestly think you’d be doing today?
Mukoma: My background is in finance, so I’d probably still be working in a bank, pushing paper and convincing myself I was helping people manage their money. But what we’ve built with Green Giraffe feels far more meaningful. In less than three years, we’ve changed how thousands of farmers interact with markets and food systems. I can look at myself in the mirror and say we built something that genuinely matters. I couldn’t say that after eight years in banking.
Simukoko: I’d still be doing something around smallholder farmers. I’ve worked with them since 2010, and my obsession has always been making markets work for them. That’s why we teamed up. Mwiche wanted to create markets through agro-processing, and together we evolved into solving the compliance barriers that keep African farmers out of premium markets. Green Giraffe is just the latest expression of a mission I’ve had for years.
How did you meet?
Simukoko: We met at university about twenty years ago. She studied finance, and I studied agriculture.
Mukoma: As you grow older, you realise many African countries suffer from the same problems. Sometimes trade fails because of something as simple as missing documentation. We came to Kenya and saw products like mabuyu (a popular snack in East Africa made from babob tree seeds) that we also have in Zambia, and I kept asking myself, “Why don’t we trade more with each other?” You start seeing that producers lose money, consumers lose choices, and everyone pays the price for systems that don’t make sense. Eventually, you stop asking why and start trying to fix it.
Mwiche Mukoma, Green Giraffe co-founder, talking to a guest during the Zambian Gastronomy Awards 2025. Image source: Green Giraffe
People assume entrepreneurs were always ambitious children. What were you like?
Mukoma: A troublemaker. My parents always said I wasn’t difficult; I was frustrated by systems that made no sense. I questioned everything, broke rules, and always believed there had to be a better way.
Simukoko: She likes calling herself a troublemaker, but in high school, she became the first student trusted to run the school tuck shop. Nothing went missing. As for me, I was usually several pages ahead of the teacher. I’d be staring out the window, the teacher would assume I wasn’t paying attention, ask me a question, and I’d answer it in detail. Sometimes I’d even be asked to teach the class. I was difficult to teach because I was constantly curious.
Mukoma: One thing I appreciate about him is his humility. He always asks whether there’s a better solution. He’ll listen to everyone before making a decision.
You’ve built a business helping African farmers reach global markets. Why does Africa still export raw produce while importing products made from its own crops?
Mukoma: A lot of our thinking has been conditioned over generations. We’ve inherited systems that tell us what our role in the global economy should be.
Simukoko: Colonialism didn’t really end. It simply changed form. Kenya is famous for tea, but who decided tea should define Kenya? European countries are famous for chocolate without growing cocoa.
We’re still using transport systems designed to move raw materials out of Africa rather than connecting African markets. Even our language reflects it. We call countries “landlocked” instead of “land-linked.”
Why is exporting automatically assumed to mean Europe? Africa is becoming the world’s largest market. Why aren’t we asking how to sell to Ghana, Mauritania, or Kenya before thinking about Europe?
The African Continental Free Trade Area exists, yet Africans still struggle to travel across Africa. Sometimes it’s cheaper and easier to fly to Europe than to another African country. That mindset has to change.
Mukoma: If we traded more with each other, we’d stop exporting raw materials and start exchanging finished products that create wealth on the continent.
What belief did you hold at 25 that you now think was completely wrong?
Simukoko: I believed development aid was the answer.
Today, I think entrepreneurship creates a more sustainable impact. Aid eventually runs out; businesses keep solving problems because customers pay for solutions. When organisations like USAID pulled back, younger me would have panicked. Today I see an opportunity. Every challenge creates space for an entrepreneur to build something useful.
Mukoma: Mine was believing that getting a good job would somehow change the world.
Entrepreneurship is different because you see a problem and fix it yourself. Too many solutions designed for Africa come from people who haven’t lived our realities. You can’t ask farmers without internet access to rely entirely on sophisticated online tools. We understand those constraints because we’ve lived them.
Seeing farmers improve their lives because of something you’ve built—that feeling is incomparable.
Imagine your younger selves walked into this restaurant today. What would surprise them most?
Mukoma: That farming could be this exciting.
Simukoko: Farming used to be seen as hard, dirty work. Today we’re talking about satellites, AI and large language models.
One farmer told me he used to ask workers to photograph themselves standing in maize fields so he could judge crop growth. Now he opens an app and instantly sees the condition of his farm, whether crops have been watered and fertilised, and how they’re progressing. People are literally having conversations with their farms because satellite imagery is combined with AI.
Mukoma: Technology also changes decision-making. Farmers can see demand before planting rather than guessing.
Simukoko: That’s why we built our virtual warehouse. Buyers specify exactly what they need before planting—crop variety, quality standards, even compliance requirements. Farmers already know who will buy their harvest.
Instead of growing maize for five kwacha, they might discover cucumbers or soybeans will earn forty times more. They sign contracts before planting, and payment is ready before the truck even leaves. When I started working in agriculture in 2010, this sounded like science fiction.
Mukoma: Neither of us imagined farming would become this technological. That’s probably what would amaze our younger selves the most.
Running a startup means hearing “no” far more often than “yes”. Which rejection hurt the most?
Mukoma: Our first major pitch. We finished fifth out of five finalists. I’d just left banking, convinced we were going to change the world, and suddenly I wanted to disappear.
Joe told me to stay in the room because someone there might still believe in us. He was right. We didn’t win, but one person began introducing us to other opportunities. Years later, that same organisation now uses our pitch deck to teach other founders. We lost, but we kept building.
Simukoko: I used to sit on the other side of the table, deciding which businesses received funding. So I never saw rejection as “you’re not good enough.” Usually it’s “not yet” or “not like this.”
Investors kept telling us to reach certain milestones first—more customers, stronger recurring revenue, more traction. Eventually, we realised fundraising had changed after COVID. What used to qualify as seed-stage now barely qualifies as pre-seed.
So we stopped chasing funding and focused on building the business. Now we ask investors for advice instead of money. That changes the conversation completely. Ironically, once we built something valuable, we even turned down investment because the terms weren’t right.
Mukoma: There’s a difference between building a company and becoming a professional pitcher. If you build something people genuinely need, the money eventually follows.
You work together every day. What’s one thing you’ve come to appreciate about each other only after building a company together?
Simukoko: I only recently admitted this to her. She’s an exceptional communicator. I used to think that because I could explain technical concepts, I could also communicate them well. They’re not the same thing. I can explain facts, but she connects people to the story behind the business. I had to swallow my pride and admit that when she speaks, people understand not just what we do, but why it matters.
Mukoma: What I value most about him is his humility and respect. Building a company means constantly disagreeing. Early on, someone told us, “You’ll get on each other’s nerves, but never lose respect for one another.” We’ve held onto that. We challenge ideas, but there’s always trust. Among the founders, I’m often the tie-breaker, and I never take that trust for granted.
What’s the most expensive mistake Green Giraffe has ever made?
Simukoko: I don’t call it a mistake. I call it an expensive lesson. Green Giraffe didn’t begin as a technology company. Mwiche left banking to export Zambian food products worldwide.
Mukoma: The dream was simple: take Zambian flavours global.
Simukoko: We even secured an order for plantain products from the Czech Republic. We had farmers, processors, airline partners and government export support lined up. Then the buyer asked one question: Can you prove every farmer meets EU organic compliance and provide full traceability? That’s when we discovered the real problem.
Large software companies quoted us tens of thousands of dollars for systems that were clearly designed for multinational corporations. IBM quoted us thousands of dollars every month. We weren’t exporting gold—we were exporting plantain.
Eventually we called our third co-founder, a Zambian software engineer based in the UK. He kept asking questions for weeks before quietly sending us a link and saying, “Try this.” He had built the first version of the platform himself. That’s how Giraffe AI was born. Instead of paying huge licensing fees, we offered him equity and made him a co-founder.
Mukoma: Looking back, that failed export order wasn’t really a failure. It forced us to solve a much bigger problem than our own. The snack business still exists and is profitable. We joke that we’re now simply its board of directors while Giraffe AI has become the new baby in the family.
Joseph Simukoko, Green Giraffe co-founder during Zambian Gastronomy Awards 2025. Image source: Green Giraffe
You’ve watched agriculture up close. Who understands African farming best—the policymaker, the investor or the farmer?
Simukoko: The farmer. Every single time. Farmers already know when rain is coming. They understand their soil. They know when pests are coming. Stop building apps that tell farmers things they already know.
What they don’t know is what maize will be worth next season, who will pay the highest price, or whether another crop would generate far better returns. That’s the information they actually need.
Mukoma: Investors understand future markets. Farmers understand farming. The missing piece is connecting those two. A farmer shouldn’t plant maize simply because it’s familiar. If cucumbers or soybeans will earn significantly more and there’s already demand, they should know that before planting.
Simukoko: Policymakers often respond to lobbyists rather than farmers. In Zambia, I helped draft parts of the Comprehensive Agriculture Trade Programme. Certain value chains received enormous attention because influential producers pushed for them. A smallholder farmer outside those circles would never know those opportunities existed.
Mukoma: Farmers need information that helps them make decisions—not more bureaucracy. If policymakers listened to farmers as much as they listen to large commercial interests, agriculture would look very different.
Everyone celebrates founders after they succeed. Who quietly carried you before anyone knew your names?
Mukoma: My family. Leaving banking wasn’t an easy conversation. They could have pressured me to stay in a secure job. Instead, they said, “If this matters that much to you, go and do it.” That belief carried me through some very uncertain moments.
Simukoko: I’d say our mentors. When we first approached the Zambia Business Angel Network looking for funding, someone told us, “Forget the money. Find a mentor.” That changed everything.
Our mentor never dictated what we should do. He simply asked questions, listened, and encouraged us to keep experimenting. Years later, he admitted he’d spotted something in us from our very first pitch—even though we’d lost. Behind the scenes, he kept recommending us for programmes, incubators and accelerators before we even knew those conversations were happening. Sometimes you walk into a room, and everyone already knows your story. Later, you discover someone has been quietly opening doors for years.
If I opened your phone right now, what would I learn about you that doesn’t appear on LinkedIn?
Simukoko: Music. People assume I’m a complete nerd, but I’m obsessed with Zambian music and culture. I even played in a Zamrock band and later became a cultural critic on a television music competition. I spend ridiculous amounts of time collecting stories about Zambian musicians and preserving musical history.
Mukoma: Mine would probably surprise people even more. Birdwatching. I started hiking recently and became obsessed with identifying birds. There’s an app where birdwatchers upload sightings and discuss species together.
When I arrived in Nairobi, I spent an embarrassing amount of time staring at marabou storks while everyone else carried on with life. If Green Giraffe becomes wildly successful, I might just become a professional birdwatcher.
Suppose I made you agriculture minister for one year, with unlimited political support, but only one policy to change. What would it be?
Simukoko: I’d redesign the National Agricultural Policy. Countries like Zambia can grow coffee, tea, palm oil, and countless other high-value crops, yet we rarely develop policies that help farmers diversify into these crops. We keep talking about our mining sector while overlooking enormous agricultural potential.
Mukoma: I’d abolish Zambia’s fertiliser subsidy programme. We’ve had it for more than two decades, and it has become politically untouchable, yet it hasn’t transformed agriculture.
The money could build processing facilities, strengthen value chains, and create far more value than simply subsidising fertiliser year after year. Sometimes the bravest policy is admitting that an old solution no longer works.
What’s the wisest thing a farmer has ever told you that had nothing to do with farming?
Simukoko: More than a sentence, it’s an attitude. I’ve spent years visiting villages, and every time I sit with elderly farmers, I’m reminded how much knowledge we’ve dismissed. People laugh when an old farmer predicts a drought by looking at mango trees or reading signs in nature. But somehow they’re usually right.
I once attended an agriculture conference in Malawi and visited a community-managed forest. Curious, I asked someone to take my photo in front of it. A local quietly whispered, “Don’t.” That moment reminded me there are layers of history, belief and local knowledge that outsiders rarely understand. The more time I’ve spent with farmers, the more I’ve realised humility is just as important as expertise.
Finish this sentence: “The day I’ll know I’ve become successful is the day…”
Mukoma: “…Africa trades with itself.”
Simukoko: “…I’m financially secure.”
Finally, success changes people. What’s one part of yourselves you’re determined not to lose as Green Giraffe grows?
Simukoko: Curiosity. Everything we’ve built started with a problem. Mwiche didn’t leave banking intending to build an AI company. She simply wanted to help her family earn more from farming.
One day she realised they were selling maize for about five kwacha a kilogram. Then she picked up a box of cornflakes in a supermarket selling for almost twenty times that amount. That simple observation led to an agro-processing business. Later, when our export order to Europe collapsed because of compliance requirements, we built Giraffe AI. Every major step in our journey began with asking, “Why does this problem exist?” That’s the attitude I never want us to lose. Stay curious.
Mukoma: I hope we never forget why we’re doing this. It’s easy to become obsessed with growth, investment, and valuations. But if you’re building something people genuinely need, the impact lasts far longer than the money. I think about M-Pesa. Most people see transactions. I see freedom. Someone can travel across borders, pay school fees, send money home, trade, and build a life because that infrastructure exists.
That’s the kind of company I hope we build. If, years from now, Africa trades more with itself because we played even a small part in removing barriers for farmers and businesses, that will be enough for me.
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