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Terms of Use/Privacy

If you have any questions or concerns about these Terms of Use please don’t hesitate to contact us at

africaspeaksforafrica [at] gmail.com. Thank you!

USER OBLIGATION

If you are seeking to upload material to this site or to engage in any activities within the site other than passively viewing content, you must register and become a site member. As part of the registration process, you will be asked to ACCEPT these Terms of Use. On doing so, you will be deemed to have consented to and will be bound by these Terms of Use.

Visitors to the site merely wishing to view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the site’s content) constitutes your acknowledgement and acceptance of these Terms of Use, which takes effect the moment you first use the site.

AfricaSpeaks4Africa.org reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 17 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You must be 17 years or over or possess legal parental or guardian consent to register as a member of this website. If we discover or have any reason to suspect that you have not reached 17 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.

PASSWORD, SCREEN NAME AND SECURITY

When you register as a member of AfricaSpeaks4Africa.net, you will be asked to select a Screen Name and we will provide you with a Password which you are then free to change to your own original Password. Your Screen Name and Password allow you to access your account and, as we continue to enhance the site, log on to areas of the site that are reserved for members only.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and Screen Name and that you are responsible for all activity that occurs under them. AfricaSpeaks4Africa.net is unable to check the identity of people using the site and will not in any way be liable where your Password or Screen Name are used by someone else. You agree to notify AfricaSpeaks4Africa.net immediately of any unauthorized use of your Password or Screen Name and any other breach of security as soon as you become aware of it.

Any private information and/or data relating to your membership toAfricaSpeaks4Africa.net or your uploaded content that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by AfricaSpeaks4Africa.net, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

HOLD HARMLESS AND INDEMNIFICATION

You agree to hold harmless and indemnify AfricaSpeaks4Africa.net, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the AfricaSpeaks4Africa.net site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If AfricaSpeaks4Africa.net receives notice of such a claim from someone other than the member whose use of the site is in question, AfricaSpeaks4Africa.net will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

GRANT OF LICENSE

When you upload or post original content to AfricaSpeaks4Africa.net, that content becomes public content and will be searchable by and available to anyone who visits the AfricaSpeaks4Africa.net site.AfricaSpeaks4Africa.net does not claim ownership of the materials you post, upload, input or submit to the AfricaSpeaks4Africa.net site. However, by posting, uploading, inputting, providing or submitting your content to AfricaSpeaks4Africa.net, you are granting AfricaSpeaks4Africa.net, its affiliated companies and partners, a worldwide, revocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on AfricaSpeaks4Africa.net and on other Web sites, devices and/or platforms. Content that you upload to AfricaSpeaks4Africa.net will generally be available to the public in RSS feeds designed to allow for the automatic syndication of content throughout the Web —AfricaSpeaks4Africa.net is an open platform and designed for the free exchange of content and ideas.

When you upload or post content to the AfricaSpeaks4Africa.net site, you grant AfricaSpeaks4Africa.net a license to distribute that content, either electronically or via other media, to users seeking to download it through the AfricaSpeaks4Africa.net site or for purposes of other services provided by AfricaSpeaks4Africa.net and to display such content on AfricaSpeaks4Africa.net affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the AfricaSpeaks4Africa.net services as they now exist or are developed in the future. AfricaSpeaks4Africa.net respects the fact that your content is yours, and will not sell advertising on your content or sell your content without your permission.

You may request to remove content you have posted on AfricaSpeaks4Africa.net at any time.  Content will be deleted upon specific request to AfricaSpeaks4Africa.net for permanent deletion of such content from the AfricaSpeaks4Africa.net server. Such requests must be made in writing, via email, to AfricaSpeaksForAfrica [at] gmail.com or customer service at the same address. When you do remove your content, the license described above will automatically expire. We cannot guarantee that content deleted from AfricaSpeaks4Africa.net or permanently deleted from our servers will be deleted from the Web sites or systems of third parties. If you would like your content removed and/or permanently deleted from any Web sites other than AfricaSpeaks4Africa.net, you will be required to contact such Web sites directly, and we cannot guarantee any outcome, action or result with respect to any such request by you.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The content on the AfricaSpeaks4Africa.net site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to AfricaSpeaks4Africa.net, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. AfricaSpeaks4Africa.net reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of AfricaSpeaks4Africa.net, its affiliates, associated companies, and/or licensors.

The names, images and logos identifying AfricaSpeaks4Africa.net are proprietary marks of AfricaSpeaks4Africa.net, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of AfricaSpeaks4Africa.net, its associated companies and affiliates, or any third party unless expressly stated otherwise.

You shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to AfricaSpeaks4Africa.net, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize AfricaSpeaks4Africa.net to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.

In addition to posting your own content on AfricaSpeaks4Africa.net, you can also enjoy the many videos uploaded by others in the AfricaSpeaks4Africa.org community. Materials uploaded to AfricaSpeaks4Africa.net may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

As a creator of content uploaded to AfricaSpeaks4Africa.net or as a passive user of the AfricaSpeaks4Africa.net site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the AfricaSpeaks4Africa.net site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any AfricaSpeaks4Africa.net content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the AfricaSpeaks4Africa.net, you will need to provide, at a minimum, the following information immediately:

  • The nature of your complaint and an exact description of where the material about which you complain is located within the site;
  • In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  • Your name, address, telephone number, and email address;
  • A statement by you that the above information is accurate and, in the case of a copyright/trademark dispute, that you are the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
  • Your electronic or physical signature.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Any rights not expressly granted herein are reserved.

PRIVACY

AfricaSpeaks4Africa.org respects the privacy of its users. Everyone always says these things in these documents, but we really mean it. AfricaSpeaks4Africa.net will not share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms (i.e. to facilitate advertising revenue share payment). AfricaSpeaks4Africa.net may ask you questions about yourself (like your age, interests or zip code). Your answers to these questions may be stored on your computer and transmitted to AfricaSpeaks4Africa.net from time to time. AfricaSpeaks4Africa.net will never store this information on its servers in a way that’s relatable to you or your identity, instead the information will only be stored and operated on in an aggregate way.

PROHIBITED CONTENT

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the AfricaSpeaks4Africa.net website, the following content is prohibited on AfricaSpeaks4Africa.net:

  • Content involving pornography or nudity, including but not limited to, nudity or partial nudity of children of any age.
  • Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
  • Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
  • Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of AfricaSpeaks4Africa.net, does not otherwise have redeeming value to the community. AfricaSpeaks4Africa.net may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
  • Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
  • Content promoting or providing instructional information about illegal activities.
  • Content depicting cruelty to animals.
  • Copyrighted content or material that is used without the express permission of the owner.
  • Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
  • Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
  • Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of AfricaSpeaks4Africa.net servers or another users computer.
  • Content that violates any applicable laws or regulations not specifically referenced herein.

As a condition of your use of the AfricaSpeaks4Africa.net site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AfricaSpeaks4Africa.net site in any manner which could damage, disable, overburden, or impair the AfricaSpeaks4Africa.net site or interfere with any other parties use and enjoyment of the AfricaSpeaks4Africa.net site. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other AfricaSpeaks4Africa.net proprietary materials, through any means not intentionally made available or provided for through the AfricaSpeaks4Africa.net site.

AfricaSpeaks4Africa.net has no obligation to monitor the content which has been uploaded to the Web site for compliance with the foregoing. However, AfricaSpeaks4Africa.net reserves the right to review materials uploaded to AfricaSpeaks4Africa.net and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. AfricaSpeaks4Africa.net reserves the right to terminate your access to any or all of the services offered by AfricaSpeaks4Africa.net at any time without notice for any reason whatsoever.

AfricaSpeaks4Africa.net does not control or endorse the content, messages or information found in any user-generated content or uploaded material and, therefore, AfricaSpeaks4Africa.net specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material. You agree to use the services provided by AfricaSpeaks4Africa.net only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use AfricaSpeaks4Africa.net in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, AfricaSpeaks4Africa.net through an interface or in a manner that would interfere with the operation of the AfricaSpeaks4Africa.net website-hosted content or the honoring of copyright licenses attached to AfricaSpeaks4Africa.net-hosted content. You also agree that you will not access AfricaSpeaks4Africa.net from any territory where its contents are illegal.

AfricaSpeaks4Africa.net does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and AfricaSpeaks4Africa.net expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, AfricaSpeaks4Africa.net may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

THIRD PARTY SITES/LINKS FROM AFRICASPEAKS4AFRICA.NET

AfricaSpeaks4Africa.org may contain links to other websites (Linked Sites). The Linked Sites are not under the control of AfricaSpeaks4Africa.net and AfricaSpeaks4Africa.net is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. AfricaSpeaks4Africa.net is not responsible for webcasting or any other form of transmission received from any Linked Site. AfricaSpeaks4Africa.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AfricaSpeaks4Africa.net or any association with its operators.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AfricaSpeaks4Africa.net does not endorse and is not responsible or liable for any content, advertising, products, services or information on, or available from, third party websites or material. AfricaSpeaks4Africa.net is not responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. AfricaSpeaks4Africa.net does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.

AfricaSpeaks4Africa.net disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with AfricaSpeaks4Africa.net.

WARRANTY DISCLAIMER

Please note that the information, software, products and services included in, or available through, the AfricaSpeaks4Africa.net website are continually being updated and upgraded. AfricaSpeaks4Africa.net does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. AFRICASPEAKS4AFRICA.ORG EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

AfricaSpeaks4Africa.net does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. AfricaSpeaks4Africa.net reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice.

AfricaSpeaks4Africa.net does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. AfricaSpeaks4Africa.net does not represent the full functionality, accuracy or reliability of any material. AfricaSpeaks4Africa.net may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFRICASPEAKS4AFRICA.NET AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AFRICASPEAKS4AFRICA.NET WEBSITE, WITH THE DELAY OR INABILITY TO USE THE AFRICASPEAKS4AFRICA.NET WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AFRICASPEAKS4AFRICA.NET WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AFRICASPEAKS4AFRICA.NET WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AFRICASPEAKS4AFRICA.NET OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the AfricaSpeaks4Africa.net website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the AfricaSpeaks4Africa.net website and services provided therein.

LAW AND JURISDICTION

AfricaSpeaks4Africa.net makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

 

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