Last updated on January 5, 2015
This page describes the terms and conditions that govern your use of afrossip.com offered by
Afrossip Company and certain of its subsidiaries (“Afrossip”, “us” or “we”).
1. BINDING EFFECT
This is a binding agreement. If you choose to use Afrossip.com (the “Site” or “Service”)), or any services provided in connection with the Site, you agree to abide by all of the terms and conditions of these Terms of Service between you and Afrossip Company (“Afrossip”, “us” or “we”).
Afrossip is a registered trademark and cannot be used for any purpose without the approval by the legal representatives of Afrossip. Afrossip is a general audience site, and do not direct any of its content specifically at children under 13 years of age. Afrossip understand and is committed to respecting the sensitive nature of children’s privacy online. Afrossip is available only to persons who have reached the legal age of majority and entities who can sign an agreement(s) that is binding under applicable law. If you are not eligible, you may not use Afrossip.com.
Afrossip may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
Afrossip may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. Afrossip may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. AFROSSIP.COM CONTENT
Afrossip allows its users and writers the inclusion of visual and textual content and offers a concept of “free content”. Afrossip takes no responsibility for the accuracy, validity, quality, or adequacy of the content submitted by the users and writers, whether it were comments, texts, images, photographs or personal information. The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published on the Services (including, but not limited to features articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Afrossip Company or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
Afrossip writers and users must ensure the copyright owner of the content (images, text, illustrations, etc.) that they submit is correctly credited. For legal reasons, it is strictly forbidden to reproduce or distribute, in whole or in part, any item, which does not hold the copyright or use permission. Afrossip Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part. You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein.
Since it is “free content” Afrossip cannot be held responsible for the dissemination of inaccurate, defamatory or erroneous information. The legal representatives of Afrossip reserve the right to remove any content not in accordance with the terms and conditions of use or the validity, relevance or legitimacy is in doubt. The writers and the online community by submitting visual or textual content allow Afrossip to disseminate them and this without restriction. However, submitted contents will be clearly attributed to their author.
By accepting the terms of agreement the user acknowledges that the information he/her provides electronically is neither confidential nor exclusive and shall not affect the rights of a person or an entity. Although Afrossip strive to make the best efforts to ensure the integrity of its site, Afrossip exercises no control over the content of the information that is provided by members and other users which is made available on Afrossip.com. Therefore, during the use of Afrossip.com, it is possible that the user may be exposed to content that you consider offensive, harmful or inaccurate.
3. MEMBER GENERATED CONTENT
You grant Afrossip a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Materials you post to the Site or Service, which includes without limitation the right for Afrossip or any third party it designates, to use, copy, translate, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Material posted by you on or to the Services or any other Web site owned by Afrossip, including any Material posted on or to the Services through a third party.
You acknowledge that any Materials you post to Afrossip.com (i.e., member-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Material”) may be edited, removed, modified, published, transmitted, and displayed by Afrossip Company and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
You are solely responsible for the content of your Materials. However, while Afrossip does not and cannot review every Material and is not responsible for the content of these messages, Afrossip reserves the right to delete, move, or edit Materials that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
No adults content, pornography, pedophilia, or any remark that could be considered child pornography, any form of harassment (sexual, moral, political, and racial), illegal weapons, terrorism, piracy or any other content considered illegal will not be tolerated on Afrossip.com. The user may be sued by Afrossip and/or by the authorities if he/her attempts to send content considered illegal to Afrossip.
By Posting or sending a Material, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
4. ACCESS AND AVAILIBILITY AND LINKS
Since Afrossip is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. LIMITED LIABILITY AND WARRANTIES
Afrossip does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through Afrossip.com by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
AFROSSIP HEREBY DISCLAIMS ALL WARRANTIES. AFROSSIP IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFROSSIP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AFROSSIP DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
AFROSSIP’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AFROSSIP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Afrossip and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Afrossip reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. Afrossip may cancel or suspend your access to Afrossip.com if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Afrossip. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that Afrossip, in its sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
Any registered user is responsible for the personal information provided for his/her registration or during the log in process to Afrossip.com. The user is also responsible to update he/her personal information we hold for he/her registration as a member.
You must reach the legal age of majority to subscribe to all parts of Afrossip Services.
You are responsible for all usage or activity on your Afrossip.com account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and Afrossip may refer you to appropriate law enforcement agencies.
8. SALE AND PAYMENTS
The term ” Banner ad” refers to paid Internet advertising available from Afrossip.com. Afrossip will process your purchase as promptly as possible. There may be a delay in the activation of your Banner ad while payment details are verified.
Afrossip accept major credit cards and PayPal. Afrossip reserve the right to reject any order or purchase at any time.
When you purchase a Banner ad, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.
All prices are in United States Dollars, unless otherwise stated.
Afrossip reserves the right to change prices and fees at any time. Afrossip will notify you in advance if the regular rate of a Banner ad changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your purchase from that point forward.
Applicable taxes may vary. Afrossip is not able to notify you in advance of changes in applicable taxes.
If a stated price is determined by Afrossip in its sole discretion to be in error, Afrossip is not under any obligation to offer you the Banner ad at that price. Afrossip will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
Your purchase may not include access to all areas of Banner ad space and you may have to pay additional fees to fully access those ad banner spaces. These additional charges will be clearly stated.
If your credit card expires or your payment method is otherwise invalid, your Banner ad will not automatically be terminated. You will remain responsible for all charges.
You will be responsible for all costs Afrossip incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
Afrossip may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
All new fees, if any, will be posted prominently on Afrossip.com in the appropriate location on the site. All fees and charges shall be billed to and paid for by you.
9. USE OF SOFTWARE
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by Afrossip.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
Afrossip may make certain software available to you from the Site Afrossip.com. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by Afrossip.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software. Afrossip owns all trademarks and logos and you may not copy or use them in any manner.
10. PROHIBITED USES
Afrossip imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Afrossip in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Afrossip may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Afrossip or by any third party.
The domain of the website is registered in the United States and the Site is hosted in the United States.
These Terms of Service have been made in and shall be construed and enforced in accordance with Delaware law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Wilmington.