The following terms and conditions (the “Terms and Conditions”) govern your use of Afrophire (the “Site”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS IN FULL. If you disagree with these Terms and Conditions or any part of these terms and conditions, you may not access or otherwise use the Site.
License To Use Site. Unless expressly stated to the contrary, Afrophire and/or its licensors own the copyrighted intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
Prohibited Use. (1) You must not republish material from the Site (including republication on another website); sell, rent or sub-license material from the Site; show any material from the Site in public; reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose; edit or otherwise modify any material on the Site; or redistribute material from the Site (except for content specifically and expressly made available for redistribution). (2) You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. (3) You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. (4) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Afrophire’s express written consent. (5) You must not use the Site to transmit or send unsolicited commercial communications. (6) You must not use the Site for any purposes related to marketing without Afrophire’s express written consent.
Trademarks. The trademarks, logos, service marks and trade names (the “Trademarks”) displayed on the Site or on content available through the Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
Termination. Afrophire reserves the right to terminate, change, suspend or discontinue [other] areas of the Site, the entire Site, or the Site’s services at Afrophire’s discretion. If Afrophire provides you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential. Afrophire may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
User Content. In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose.
You give Afrophire a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Afrophire the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Afrophire or a third party (in each case under any applicable law).
You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Afrophire reserves the right to edit or remove any material submitted to the Site, or stored on Afrophire’s servers, or hosted or published upon the Site.
Notwithstanding Afrophire’s rights under these terms and conditions in relation to user content, Afrophire does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.
No Warranties. Everything on the Site is provided “as is” without any representations or warranties of any kind, express or implied. Afrophire makes no representations or warranties in relation to the Site or the information and materials provided on the Site.
Without prejudice to the generality of the foregoing paragraph, Afrophire does not warrant that (1) the Site will be constantly available, or available at all; or (2) the information on the Site is complete, true, accurate or non-misleading.
Limitations of liability. Afrophire will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site (1) to the extent that the Site is provided free-of-charge, for any direct loss; (2) for any indirect, special or consequential loss; or (3) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Afrophire has been expressly advised of the potential loss.
Exceptions. Nothing in the Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Site disclaimer will exclude or limit Afrophire’s liability in respect of any (1) death or personal injury caused by Afrophire’s negligence; (2) fraud or fraudulent misrepresentation on the part of Afrophire; or (3) matter which it would be illegal or unlawful for Afrophire to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness. By using the Site, you agree that the exclusions and limitations of liability set out in the Site disclaimer are reasonable. If you do not think they are reasonable, you must not use the Site.
Other Parties. You accept that Afrophire has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Afrophire’s officers or employees in respect of any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Site disclaimer will protect Afrophire’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Afrophire.
Unenforceable Provisions. If any provision of the Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Site disclaimer.
Indemnity. You hereby indemnify Afrophire and undertake to keep Afrophire indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Afrophire to a third party in settlement of a claim or dispute on the advice of Afrophire’s legal advisers) incurred or suffered by Afrophire arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions. Without prejudice to Afrophire’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Afrophire may take such action as Afrophire deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
Severability. If any provision of these Terms and Conditions is found by any competent court or other competent authority to be unlawful and/or unenforceable, the parties (“You” and “Afrophire”) nevertheless agree that the court shall endeavor to give effect to the parties’ intention as reflected in the provision, and all other provisions shall remain in full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Choice of Law. Afrophire is organized under the laws of the state of Virginia in the United States of America, and these Terms and Conditions are governed by and construed in accordance with Virginia law, and any disputes relating to these Terms and Conditions will be subject to the [non-]exclusive jurisdiction of the courts of Virginia.
If you have any questions regarding these Terms and Conditions, please contact us.