Terms and Conditions

AFRICAN UBORA Terms of Service

Revised and posted as of: July 14, 2023

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY.  THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND AFRICAN UBORA INC. OR THE APPLICABLE AFFILIATE OF AFRICAN UBORA INC. DOING BUSINESS AS “AFRICAN UBORA” (“COMPANY,” “WE,” OR “US”).

Note that Section 16 (Dispute Resolution) contains an arbitration clause and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Africanvibes.com and other African Ubora websites (collectively, the “Website”) are digital services owned and operated by African Ubora, Inc (“African Ubora,” “our,” or “we”). African Ubora is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service (“Terms”) to govern your use of the Website as well as your use of or interaction with any other African Ubora owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, print or online magazine subscription(s), digital games, events, and social media and other channels (e.g., African Ubora and all its brands’ profiles and Content on social media platforms; newsletters; emails) (“African Ubora Channels”). We, along with our affiliates, partners, and advertisers, provide content and services to you via the Website and African Ubora Channels subject to the following conditions. Your use of the Website and/or African Ubora Channels tells us you have read and agreed to these Terms. Please read them carefully. These Terms are a binding contract between you and African Ubora regarding your use of the Website and African Ubora Channels, unless a different set of terms of service is set out on a specific site or channel, in which case these Terms will supplement the applicable set of terms of service. African Ubora’ subscriptions, surveys, contests, and sweepstakes may have additional terms and conditions that supplement these terms, like African Ubora’ Digital Terms of Sale. If you do not agree with any of these terms, please stop using the Website and cease use of any African Ubora Channels.

The Website and African Ubora Channels are not meant for or targeted to anyone under the age of 16, and you must be at least 16 years of age or over to use the Website or African Ubora Channels. Your parent or guardian must review and accept these Terms on your behalf if you are below the age of consent under your location’s applicable law.

To learn how African Ubora collects, processes, and shares personal information, please consult African Ubora’ Privacy Statement.

The Content

1.1 All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or African Ubora Channels, including for example, advertising, directories, lists, guides, articles, opinions, reviews, text, photographs, images, illustrations, graphics, games, audio, video, html, source and object code, software, data, and all the selection and arrangement of the aforementioned and the “look and feel” of this Website and African Ubora Channels (collectively, the “Content”), are protected under applicable copyrights and other proprietary rights and are the intellectual property of African Ubora and its affiliated companies, licensors and suppliers. African Ubora actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms.

1.2 The Content includes logotypes, trademarks and service marks (collectively “Marks”) and patents owned by African Ubora, and Marks owned by other information providers and third parties. For example, “African Ubora” is a registered trademark of African Ubora. No Marks or patents may be used in any manner unless approved in advance, in writing by African Ubora.

1.3 You may use the Website, African Ubora Channels, and Content online and solely for personal, non-commercial, and informational/entertainment use, and you may download or print a single copy of any downloadable portion of the Content, where permitted, for your personal, non-commercial, and informational use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted without securing the prior written consent of African Ubora.

1.4 Requests to use the Content for any purpose other than as permitted in this Section 1 should be submitted as directed on the Website or African Ubora Channels, as applicable.

1.5 Access to Content on the Website is possible, in part, due to the paid advertising that appears on the Website. In exchange for your access to this Content, and except where contrary to applicable law, you agree that you will not, and will not permit any third party to, remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Website.

1.6 African Ubora respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at [email protected] or by regular mail at African Ubora, Inc, 499 Washington Blvd., Jersey City, NJ 07310, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed;
• 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 locate the material;
• Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
• 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
• 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.

Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. African Ubora will terminate the account of any user that is determined to be a repeat copyright infringer.

Prohibited Uses of Website and African Ubora Channels

2.1 By accessing or using the Website and/or African Ubora Channels, including any Content, you agree to use them only as expressly permitted by these Terms. Unless you have African Ubora’ prior written permission, you shall not:

•  Alter, copy, rearrange, broadcast, rewrite, redistribute, transfer, sell, republish, modify, use for broadcast or publication in any medium, directly or indirectly, any African Ubora intellectual property, Content or any other part of the Website or African Ubora Channels;
• Remove, suppress, or alter the display of advertising, except where applicable law expressly grants such rights;
• Frame or utilize framing techniques that involve any trademark, logo, copyrighted material, patented creations, or other proprietary information (including images, text, page layouts, or forms) of any portion of the Website or African Ubora Channels;
• Archive, cache, store, or incorporate into a database any Content or any other part of the Website or African Ubora Channels;
• Decompile, reverse engineer, decrypt, disassemble, or circumvent any aspect of the Website or African Ubora Channels;
• Insert or introduce any malicious or otherwise unauthorized code, device, or means, or take any action that may impose an unreasonable or disproportionately large load on our infrastructure;
• Use any data mining, robot, spider, cancelbot, Trojan horse, or any data gathering, scraping, indexing, or extraction method on any part of the Website or African Ubora Channels;

Use the Website or African Ubora Channels in a manner that violates applicable laws or regulations or violates the rights of a third party; or

Violate any of these Terms, including without limitation the Posting Rules below.

Account Registration

3.1 Certain areas of the Website or African Ubora Channels may require account registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional. However, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website or African Ubora Channels. When you register or become a member of the Website or African Ubora Channels or provide information to the Website or African Ubora Channels in any other manner, you agree to provide only true, accurate, current, and complete information. Using a name other than your own legal name or otherwise impersonating another person is prohibited. You agree that African Ubora may use the information you provide to us according to its Privacy Statement.

3.2 If you create an account with the Website or African Ubora Channels, you agree to accept responsibility for all activities that occur under your account or password and agree that you will not sell, transfer, or assign your account or any account rights. Each registration or account is for a single user only. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or African Ubora Channels using your credentials. African Ubora reserves the right to terminate your account and/or deny access to the Website or African Ubora Channels to any person African Ubora suspects has violated or is violating these Terms.

3.3 Website or applicable African Ubora Channel accounts may sometimes be provided through another party, for instance, an institution of higher learning where you are a student. In such circumstances, information about you necessary to provide you with an account—like your school email address—may have been provided to us by that third party.

Other Information Content Providers

4.1 The Website and African Ubora Channels may distribute content supplied by other information content providers such as non-staff contributors and commenters. We use these providers to enhance your experience on the Website and African Ubora Channels. African Ubora, the Website, and African Ubora Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by African Ubora.

Pursuant to 47 U.S.C.§ 230, African Ubora is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors, or omissions in such Content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or African Ubora Channels and assumes no duty to monitor the Website or African Ubora Channels for inappropriate or inaccurate Content. Neither African Ubora nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, African Ubora reserves the right to remove information provided by other information content providers at any time in its sole discretion.

User-Generated Content: Comments, Game Participation, and Other Submissions

5.1 The interactive areas of the Website and African Ubora Channels are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with African Ubora. To protect your safety, please use your best judgment when submitting information to the Website and African Ubora Channels. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and African Ubora Channels. African Ubora reserves the right to delete, move, or edit any Post (as defined below) at any time, for any reason, but African Ubora has no obligation to review or remove any such content. African Ubora does not endorse any information or user view communicated in such public areas by the users of the Website or African Ubora Channels.

5.2 The Website and African Ubora Channels may also offer areas for you to provide African Ubora and its affiliates and related entities your feedback and opinions (e.g., a Website user survey), some of which may have additional terms that supplement these Terms. If you respond to a survey or provide feedback, you do so voluntarily, and you agree to abide by these Terms and acknowledge that African Ubora will process the information you provide in accordance with its Privacy Statement. African Ubora, in its sole discretion, will be free to use (or not use) any feedback or suggestion provided, and you will not be entitled to any compensation, nor will African Ubora have any obligation towards you.

5.3 By storing, submitting, posting, uploading, creating, communicating, responding with, or placing any content on or to the Website or African Ubora Channels (collectively, “Post” or “Posting”), you represent and warrant that: (a) you own or otherwise have all necessary rights and permissions to the content that you Post; (b) the content you Post is accurate and does not violate applicable law, these Terms, or another person’s or entity’s rights; (c) you will not use automated means to Post or distribute content; and (d) the content you Post will not cause injury to any person or entity, nor cause African Ubora to violate the rights of any third party. You are solely responsible for your Posts and your access to and interactions with Content and others’ Posts. You recognize that storing, transmitting, distributing, or transmitting content, material, or information that is unlawful or otherwise in violation of these Terms may expose you to criminal and/or civil liability.

5.4 By Posting content to the Website or African Ubora Channels, or by otherwise playing a African Ubora game, you grant African Ubora and its affiliates and related entities a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive right and license to (and permit others to) use, copy, modify, relocate, display, archive, store, distribute, reproduce, and create derivative works from and otherwise exploit all content you Post to the Website or African Ubora Channels, or otherwise make available in a African Ubora game, including your name and other biographical information contained in the content you Post, in any form, media, software, or technology of any kind, whether now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize African Ubora to include the information you Post or make available in a African Ubora game in a searchable format that may be accessed by other users. The rights and licenses granted in this paragraph also include any material, information, ideas, concepts, know-how, or techniques contained in any Post. All rights granted in this paragraph may be enjoyed and exploited without providing you compensation or attribution of any sort.

5.5 Please note that African Ubora does not accept unsolicited materials or ideas for use or publication. African Ubora is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to African Ubora.

Posting Rules 

Interactive areas of the Website and African Ubora Channels are intended to encourage active and thoughtful public discussion and/or provide a way for you to share your opinions. We expect opinions to differ. By using areas of the Website and African Ubora Channels that allow for public discourse, you are participating in a community that is intended for all our users. We reserve the right to remove any content Posted on the Website or African Ubora Channels at any time for any reason without notice. Decisions as to whether content violates any of African Ubora’ posting rules will be made by African Ubora in its discretion after we have actual notice of such posting. Without limiting our right to remove any content, you shall not Post content to the Website or African Ubora Channels that:

• Contains unlawful, vulgar, profane, obscene, pornographic, abusive, violent, threatening, or hateful language or content, or otherwise attacks other users or depicts nudity or contains sexually explicit content;
• Discriminates on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, age, disability, and/or marital status;
• Is defamatory, libelous, deceptive, fraudulent, inaccurate, incoherent, or contains gross exaggerations or unsubstantiated claims;
• Violates any right of African Ubora or any third party, including privacy and intellectual property rights (for example, Posting copyrighted material without the express permission of the owner);
• Violates any law, rule, regulation, or ordinance, or attempts to encourage or promote the evasion or violation of such;
• Unfairly interferes with another’s uninterrupted use and enjoyment of the Website or African Ubora Channels;
• Advertises, promotes, or offers to trade any good or service, except in areas specifically designated for such purposes;
• Discloses, uses, or attempts to use another’s account, password, service, or system, except as expressly permitted by these Terms;
• Contains, introduces, or transmits viruses, malware, ransomware, or other malicious code, means, or devices; or otherwise disrupts or interferes with the security of the Website, or any service, system resource, account, credential, password, server, or network connected to or accessible through the Website, African Ubora Channels, or affiliated or linked sites;
• Spams an individual or entity by repeatedly responding to their Posts or sending them repeated messages; or duplicates a prior Post under multiple threads or subjects;
• Disguises the origin of the Post or is otherwise designed to impersonate another person or entity; or
• Collects or stores other users’ personal information or discloses personal, sensitive, or account log-in information of another person.

Certain violations of these rules may be referred to law enforcement authorities. African Ubora reserves the right to disclose any information as necessary to satisfy any law, regulation, or governmental request.

Website Security Rules

7.1 You are prohibited from violating or attempting to violate the security of the Website or African Ubora Channels, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with any service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing,” (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. African Ubora will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

Third Parties

8.1 Your dealings or communications through the Website and African Ubora Channels with any party other than African Ubora are solely between you and that third party. For example, certain areas of the Website and African Ubora Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will African Ubora be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

8.2 African Ubora may sometimes engage in affiliate marketing, embedding affiliate links into certain pages of our Website or African Ubora Channels. African Ubora will provide notice when it embeds such affiliate links. Clicking on or purchasing products or services through affiliate links may result in African Ubora earning a commission. Any purchase you make through an affiliate link is made directly with those third parties, not African Ubora, and these third parties often have their own terms and conditions and privacy statements, which African Ubora encourages you to review. African Ubora is not responsible for evaluating any offer made by these third parties; African Ubora makes no warranty about these third parties or offerings; and African Ubora does not assume any liability for any act, omission, product, or service of these third parties.

Software Available On This Website

9.1 Any software that is made available to download from the Website or African Ubora Channels (“Software”) is the copyrighted work of African Ubora’ suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement’s terms. Any such Software is not available to users in territories where its distribution is prohibited by law.

International Users

10.1 The Website and certain African Ubora Channels are controlled, operated, and administered by African Ubora from its offices within the United States. African Ubora makes no representation that materials or Content available through the Website or African Ubora Channels are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or African Ubora Channels or export the Content in violation of U.S. export laws and regulations. If you access the Website or African Ubora Channels from a location outside the United States, you are responsible for compliance with all local laws.

E-Mail Addresses

11.1 You hereby acknowledge and agree that any notice or disclosure African Ubora sends to the email address you provide to us satisfies any requirement that such notice, disclosure, or communication be provided in writing.

Modification

12.1 African Ubora shall have the right, at its discretion, to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or African Ubora Channels shall constitute your acceptance of any changes. African Ubora shall have the right at any time to change or discontinue any aspect of the Website or African Ubora Channels, including, but not limited to, the community areas, Content, hours of availability, and equipment needed for access to use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions. African Ubora may also restrict your access to certain portions of the Website or African Ubora Channels for any reason and without providing any notice. African Ubora may at any time charge a fee or require a subscription to access portions of the Website or African Ubora Channels.

Notice of Availability of Filtering Software

13.1 You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

Disclaimer

14.1 YOUR USE OF THE WEBSITE, AFRICAN UBORA CHANNELS, AND ITS CONTENTS IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES ON THE WEBSITE, AFRICAN UBORA CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. AFRICAN UBORA IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR AFRICAN UBORA CHANNELS. BECAUSE AFRICAN UBORA HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT AFRICAN UBORA IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT AFRICAN UBORA DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AFRICAN UBORA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE OR AFRICAN UBORA CHANNELS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND AFRICAN UBORA CHANNELS. AFRICAN UBORA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR AFRICAN UBORA CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. AFRICAN UBORA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. AFRICAN UBORA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. AFRICAN UBORA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, GAME LOGIC, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR AFRICAN UBORA CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR AFRICAN UBORA CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. AFRICAN UBORA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT. NO CONTENT OR PART OF THE WEBSITE OR AFRICAN UBORA CHANNELS SHOULD BE RELIED ON AS A REPLACEMENT OR SUBSTITUTE FOR OR BE CONSTRUED TO BE FINANCIAL, MEDICAL, TAX, OR LEGAL ADVICE. AFRICAN UBORA IS NOT AN INVESTMENT ADVISOR, REGISTERED BROKER-DEALER, OR EXCHANGE, AND NOTHING IN THE WEBSITE OR OTHER CHANNELS SHOULD BE CONSTRUED AS INVESTMENT ADVICE, RESEARCH OR INVESTMENT ADVISORY SERVICES. NO PART OF THE WEBSITE OR AFRICAN UBORA CHANNELS CONSTITUTES A SOLICITATION, OFFER, OPINION, ENDORSEMENT, OR RECOMMENDATION BY AFRICAN UBORA TO BUY OR SELL ANY SECURITY OR ANY SERVICE REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT.

Indemnity/Limitation of Liability

15.1 AS A CONDITION OF USE OF THIS WEBSITE AND ANY AFRICAN UBORA CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, AFRICAN UBORA AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY AFRICAN UBORA CHANNELS; (B) AFRICAN UBORA’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE OR POST; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS BY YOU. If you are dissatisfied with any African Ubora material, or with any of African Ubora’ Terms, your sole and exclusive remedy is to discontinue using the Website or African Ubora Channels, as applicable.

15.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AFRICAN UBORA, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE CONTENT, WEBSITE, OR AFRICAN UBORA CHANNELS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT, THE WEBSITE, OR AFRICAN UBORA CHANNELS; OR (C) ANY ERRORS OR OMISSIONS IN THE CONTENT, WEBSITE, OR AFRICAN UBORA CHANNELS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AFRICAN UBORA IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.

Dispute Resolution and Binding Arbitration

16.1 Limitation on Time to File Claim & Equitable Relief. Any cause of action or claim you may have with respect to the Website, African Ubora Channels, or arising out of or related to these Terms must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is considered waived and is permanently barred. Remedies for any claim by you in connection with the Website, African Ubora Channels, or these Terms shall be limited to monetary damages, and you hereby agree that you will not be entitled to any injunctive or equitable relief.

16.2 Class Action and Jury Waiver. YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST AFRICAN UBORA ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

16.3 Governing Law. These Terms have been made in and shall be construed and enforced in accordance with the laws of the State of California, without giving any regard to its conflict of law principles.

16.4 Initial Dispute Resolution. The parties agree to use their best efforts to settle any claim, dispute, or controversy that you may have against African Ubora and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees, arising out of, relating to, or connected in any way with the Website, African Ubora Channels, these Terms, or our Digital or Print Terms of Sale (which are incorporated by reference herein), (a “Dispute”), directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

16.4.1 If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email to [email protected]. If we have a Dispute with you, we will send a written notice to the contact information we have for you.

16.4.2 If the Dispute is not resolved within 60 days of the opposing party receiving the notice, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below.

16.5 Mandatory Arbitration. If the parties do not reach an agreed upon solution pursuant to the dispute-resolution described in Section 16.4 of these Terms, you and African Ubora each agree that any Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”) with experience and expertise with the subject matter of the Dispute.

16.5.1 If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition a court with proper jurisdiction to appoint an arbitrator pursuant to a process whereby the court provides the Parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each Party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of this Agreement. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms.

16.5.2 The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules that the parties agree to.

16.5.3 The Arbitration shall be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face-to-face meeting is necessary for a fundamentally fair hearing.

16.6 Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

16.7 Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.

16.8 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 16 by sending written notice of your decision to opt-out to the following address via certified mail: African Ubora, Inc, ATTN: Legal Department, 9701 Wilshire Blvd #395, Beverly Hills, CA 90212. The notice must be sent within thirty (30) days of your first use of the Website or African Ubora Channels after the effective date of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, African Ubora also will not be bound by them.

16.9 Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 16, then the state or federal courts in California shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any dispute arising out of or related in any way to these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of California and the United States, without giving effect to any conflict of law principles.

16.10 Intellectual Property Claims. Notwithstanding the arbitration provisions herein, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of California or the United States District Court for the Southern District of California, and you consent to exclusive personal jurisdiction and venue in such courts.

General

17.1 These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and African Ubora Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control except where expressly stated otherwise. Notwithstanding the previous sentence, nothing contained in these Terms shall take precedent over African Ubora’ Privacy Statement

17.2 If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of African Ubora to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to African Ubora, and all other provisions for which survival is equitable or appropriate. African Ubora may assign its rights and duties under these Terms to any party at any time without notice to you.

Service Contact

18.1 Contact [email protected] with questions or problems with the Website.

© 2024 African Ubora, Inc. All Rights Reserved.

Privacy Policy

This Privacy Policy explains the information practices of the African Ubora family of brands and companies, (“we”, “us”, or “our”), and the choices you can make about information collected through our websites, applications (“apps”), services, connected devices (e.g., connected TVs), and other offerings (each a “Site” or collectively, the “Sites”). This Privacy Policy applies to any Site that links directly to this policy. For certain offerings on our Sites, there may be additional notices about our information practices and choices. Please read those additional privacy disclosures to understand how they apply to you. Our Privacy Policy is designed to provide transparency into our privacy practices and principles.

INFORMATION WE COLLECT

We may collect different types of information during your interactions with our Sites and through our advertising and media across the Internet and mobile apps. This information may include personal information (e.g., name, phone number, postal address, email address, and certain payment information), technical information (e.g., device identifier, IP address, browser type, operating system) and usage information (e.g., how you use and navigate to and from our Sites, and information about content or advertisements you have been shown or have clicked on). We may combine these types of information together, and collectively refer to all of this information in this Privacy Policy as “Information.” Information may be collected as described below and through the use of cookies, web beacons, pixels, and other similar technologies by us or by other companies on our behalf. Below we describe the types of Information we may collect:

Registration, account, and sign-up information. We may collect Information in the course of your use of, or registration with, our Sites. For example, when you create an account, register for or download an app, or sign-up for a product or service, you may provide us with certain personal information. This type of personal information may include name, phone number, postal address, fax number, email address, or certain payment information (e.g., credit card and billing information). We may also collect Information about your interest in and use of various products, programs, services, and content available on or through our Sites.

Other information you provide. When you interact with our Sites, you may share other information about yourself by, for example, publishing and sharing the information with the Site’s website or in the Site’s community, creating a or profile, or filing out a survey or application. Sometimes you may also choose to provide more sensitive forms of personal information to us, such as information regarding your physical or mental health, biometric data, race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, or trade union membership. For example, we may collect this type of sensitive information if you participate in surveys, focus groups, or opportunities to test new products, programs, or services. We collect this sensitive information with your consent, if required by law, and we take steps to protect and limit any use of it to the purposes for which it is provided.

Information from others; inviting friends. On some of our Sites we may collect Information other people submit about you. For example, a friend might submit Information to invite you to participate in an offering, make recommendations, or share content. By processing these requests, we may receive your Information, including a recipient’s name, postal address, email address, telephone number, or information about your interest in and use of various products, programs, services, and content. Some of our Sites also allow users to invite friends to participate in activities by providing their friends’ contact details or importing contacts from your address book or from other sites.

Information from other sources. We may combine Information we receive online with other information, including usage information from our other Sites and our online advertising and media. We may also supplement or combine Information with information from a variety of other sources or outside records, such as demographic, transaction history, or personal information, and we may use that combined information in accordance with this Privacy Policy.

Information you provide through social media. You can engage with some of our content and offerings, such as videos, games, apps, and other offerings on or through third party communities, forums, and social media sites, platforms, services, plug-ins, and applications (“Social Media Sites”). When you link to or interact with our Sites, content, or offerings through Social Media Sites, you may allow us to receive certain Information from your social media account (e.g., name, user ID, email address, profile photo, photos and videos, gender, birthday, location, your list of friends and their contact details, people you follow and/or who follow you, the posts or the ‘likes’ you make). We may also receive Information from your interaction with our content (e.g., content viewed, game performance, high scores, and information about advertisements you have been shown or have clicked on). By providing this Information or otherwise interacting with our Sites through Social Media Sites, you consent to our use of Information from the Social Media Sites in accordance with this Privacy Policy. For information about how you can customize your privacy settings on Social Media Sites, and how those Social Media Sites handle your personal information and content, please refer to their privacy help guides, privacy policies, and terms of use.

Information you provide through public forums. If you post or share Information or content, such as photos, letters, videos, or comments, while participating in online forums on our Sites, or when you interact with our Sites through Social Media Sites, depending on your privacy settings, this Information or content and your username may become public on the Internet or within a community of users. We cannot prevent further use of this Information once you share it in a publicly available forum. For information about how you can customize your privacy settings on Social Media Sites, and how those Social Media Sites handle your personal information and content, please refer to their privacy help guides, privacy policies, and terms of use.

Location information. We may have access to certain Information about your location, such as your country or address, when you provide it either directly or via device information. If you access our Sites on your mobile device, we may collect Information about your device’s precise location. We also may derive a general location from device information (such as an IP address).

Information you provide through camera access. For some Sites, we will ask for permission to access your device’s camera. If you grant permission, you may be able to take pictures or video within the app experience or to access certain augmented reality (“AR”) features. Some of these features may rely on camera systems to track movements of your eyes and other facial features or your immediate surroundings to apply AR effects. Information gathered from some facial scanning technology (e.g. TrueDepth API), is only used to make these services and features available to you and is only persistent on the device during use of the AR features. Other facial scanning technology may be used for research, analytics, and enhancing consumer experiences.

Video and streaming information. For some Sites, we collect information about the films, TV shows, and videos that you view. For example, if you stream video content using our Sites, we may collect information about your interaction with that content or service, such as the title and genre, watchlists you compile, and searches you conduct, duration and number of streams and downloads and system information related to streaming and download quality.

Technical and usage information. We also collect certain technical and usage information when you use our Sites, such as the type of device, browser, and operating system you are using, your Internet service provider or mobile carrier, unique device identifier, IDFA or IDFV, MAC address, IP address, device and browser settings, the webpages and apps you use, advertisements you see and interact with, and certain Site usage information. See our Cookies and Other Technical Information section for more information on how we may use these technologies to collect this Information.

HOW WE USE THE INFORMATION

We use Information for the purposes described in this policy or disclosed at the time of collection or with your consent.

Providing and marketing products and services. We may use the Information we collect about you through our Sites to fulfill your requests for, and otherwise provide or analyze your use of our products, programs, services and content, to facilitate sharing and other interactions with Social Media Sites, and to provide, develop, maintain, personalize, protect, and improve your experience and our offerings. For example, we use Information we collect to enable you to do things like (i) watch trailers, movies, programs, and video clips, (ii) get entertainment news and updates, (iii) get information about our products, programs, services, and content, (iv) locate and access personalized information or functionality based on your interests or location (e.g., find stores, theaters, or show times), (v) buy digital content, movie tickets, or other purchases (vi) play games, (vii) engage with interactive features, activities, and Social Media Sites, (viii) read and post comments, content, and reviews, (ix) fill out surveys or provide feedback, or (x) enter promotions, contests, and sweepstakes. We may also use Information to offer, market, and advertise products, programs, and services from us and our affiliates, business partners, and select third parties that we believe may be of interest to you.

Communicating with you and others. We may use Information about you to communicate with you, such as (i) to notify you when you win one of our contests or sweepstakes or when we make changes to our policies or user agreements, (ii) to respond to your inquiries and provide you with customer service, (iii) to communicate with you about your purchases or transactions, (iv) to contact you about your account, or (v) to send you information about promotions, offerings, and Site features. You may also choose to receive push notifications from us on your mobile device. If you choose to submit content for publication online or in other forums, we may publish your screen name or username and other Information you have provided to us on our Sites, the Internet, or elsewhere. We use Information that you provide about others to enable us to send them invitations, promotions, or other content on your behalf or through our Sites. From time to time, we also may use this Information to offer, market, or advertise products, programs, or services to them from us and our affiliates, and business partners.

Use of technical and usage information. We may use technical and usage information to improve the design, functionality and content of our Sites and to enable us to personalize your experience with our Sites and offerings. For example, we may  use this Information (i) to provide, develop, maintain, personalize, protect, and improve our Sites, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Sites, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, and (iv) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services.

Compliance. We may use Information we collect to detect, investigate, and prevent activities on our Sites that may violate our terms of use, could be fraudulent, violate copyright, or other rules or that may be otherwise illegal, to comply with legal requirements, and to protect our rights and the rights and safety of our users and others.

INFORMATION SHARING AND DISCLOSURE

We may share and disclose Information in the following ways or for any other purpose disclosed at the time of collection:

With your consent. We may disclose Information when you provide us with your consent to do so.

Legal and law enforcement purposes. We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We also may disclose such Information to third parties: (i) in connection with fraud prevention activities, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, and (v) as otherwise required by law.

Change of control. We may transfer Information in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.

Service providers. Organizations that perform services for us may have access to Information to help carry out the services they are performing for us, such as, but not limited to, creation, maintenance, hosting, and delivery of our Sites, products, and services, conduct marketing, handle payments, email and order fulfillment, administer contests, conduct research and analytics, or customer service.

Affiliates. We may disclose Information to affiliates. For example, we may share Information we collect with our affiliates to provide, improve, offer, market, and otherwise communicate with you about their own products and services. Our products and services may be developed, managed, marketed and sold by a variety of our affiliates. We share Information that may identify you internally among affiliates publicly recognized as an African Ubora affiliate. Public recognition may derive from, for example, use of common branding elements, advertising, press, social media reports or other public form of notice. We require the affiliate to protect the Information consistent with this Policy. We may also combine Information that identifies you personally with data that comes from an affiliate that has a different privacy policy. When we do that, our Policy applies to the combined data set.

Business partners and third parties. We may also share Information with business partners and third parties (e.g., other companies, retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, participatory databases, publishers, and non-profit organizations) that may want to market products or services to you. If we share personal information with such unaffiliated third parties for their own marketing purposes, we provide you with an opportunity to opt out of such uses either at the point of collection or through the choice mechanisms set forth in this Privacy Policy. To learn more about your choices, please see our Your Choices and Controls section below.

Linked sites. Some of our Sites contain links to other sites, including Social Media Sites, whose information practices may be different from ours. Information you submit to other sites will be governed by the other sites’ privacy policies and terms.

Sponsors and co-promotions. We may sometimes offer content or programs (e.g., contests, sweepstakes, promotions, games, applications or Social Media Site integrations) that are sponsored by or co-branded with identified third parties. By virtue of these relationships, the sponsoring or co-branding parties may collect or obtain Information from visitors that participate in the activity. We have no control over these sponsoring or co-branding parties’ use of this Information. We encourage you to visit the privacy policy of any such sponsoring or co-branding party to learn about their data practices prior to providing Information through sponsored or co-branded content or programs.

Advertising networks. We may share certain information with parties to provide advertising to you based on your interests. For more information, please see our Ad Choices section below.

YOUR CHOICES AND CONTROLS

Marketing communications and sharing with third parties. We provide you with an opportunity to express your preferences with respect to receiving certain marketing communications from us, and our sharing of personal information with unaffiliated third parties for their direct marketing purposes. If you ever decide in the future that you would like to update these preferences, you may (i) log in to an account you have created with us at one of our Sites to adjust your settings, or (ii) send us an email at [email protected]. To opt out of receiving our email marketing communications, you can also follow the “unsubscribe” instructions provided in any marketing email you receive from us. If you previously chose to receive push notifications on your mobile device from us, but no longer wish to receive them, you can manage your preferences through your device or app settings, depending on the type of device. If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message. For California residents, please see below for additional information on the choices we provide to you.

Ad Choices. On our own or working with affiliates or third parties, we may present advertisements and engage in data collection, reporting, ad delivery and response measurement, and site analytics on our Sites and on third party websites across the Internet and applications over time. We, our affiliates, or third parties may use cookies, web beacons, pixels, software development kits (“SDKs”) or similar technologies to collect information across websites, services, and apps over time to perform this activity. We, our affiliates, or third parties may use and transfer this information in order to help serve advertising that may be more relevant to your interests on and off our Sites and across your devices and browsers. This type of advertising is known as interest-based advertising. We, our affiliates, or third parties may also use this information to associate your different browsers and devices together for interest-based advertising and for other purposes like research, analytics, internal operations, fraud prevention, and enhancing consumer experiences.

For more information about interest-based advertising on your desktop or mobile browser, and to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative website and/or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising website. To learn more about interest-based advertising in mobile apps and to opt out of this type of advertising by third parties that participate in the DAA’s AppChoices tool, please use this link to download the version of AppChoices for your device. Please note that any opt-out choice you exercise through these programs will apply to interest-based advertising by the third parties you select, but will still allow the collection of data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests.

To opt out of our own collection, use, and transfer of data as described above for interest-based advertising, please visit the relevant opt out page or contact us at [email protected]. Please note that if you opt out, we will continue to collect data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising on our Sites based on your activities on our Sites.

You may have more options depending on your mobile device and operating system. For example, most device operating systems (e.g., iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provide their own instructions on how to limit or prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to learn more about these features and how they apply to tailored in-app advertisements. 

Precise location information. To disable the collection of precise location information from your mobile device through our mobile apps, you can access your mobile device settings and choose to limit that collection.

See also our Cookies and Other Technical Information section for more choices about managing other technical and usage information.

COOKIES AND OTHER TECHNICAL INFORMATION

Cookies and other technologies. We, and our affiliates, vendors, and business partners may send “cookies” to your computer or use similar technologies to understand and enhance your online experience at our Sites and through our advertising and media across the Internet and mobile apps.

Cookies are small text files placed in your browser. We may also use pixels or “web beacons” that monitor your use of our Sites. Web beacons are small strings of code that provide a method for delivering a graphic image on a webpage for the purpose of transferring data, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser that fetched the web beacon, and the identification number of any cookie on the computer previously placed by that server. We may also integrate SDKs into our applications to perform similar functions as cookies and web beacons. For example, SDKs may collect technical and usage information such as mobile device identifiers and your interactions with the Site and other mobile apps.

We may use cookies and other technologies to help recognize your browser or device, maintain your preferences, provide certain Site features, and collect Information about interactions with our Sites, our content, and our communications. For example, when corresponding with you via HTML capable email, web beacons and other technologies let us know about your activity, including whether you received and opened our email, clicked through a link, or otherwise interacted with our content, and this information may be associated with Information previously collected.

We may also use cookies and other technologies (i) to provide, develop, maintain, personalize, protect, and improve our Sites, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Sites and marketing materials, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, (v) to synchronize users across devices, affiliates, business partners, and select third parties, and (vi) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services. Cookies and other technologies also facilitate, manage, and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or sites. By visiting the Site, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Site through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you.

Managing cookies and other technologies. Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies.

You may adjust your browser to reject cookies from us or from any other website. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking cookies or similar technology might prevent you from accessing some of our content or Site features.

Some of our Sites may use locally stored objects (“LSOs”) to provide certain content, such as video on demand, video clips, or animation, and a better user experience. Adobe’s Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools by visiting Adobe’s web site. Your browser may also offer other tools to delete or reject other LSOs; please check your browser’s settings or help menu for more information.

Some of our sites may use Google Analytics to analyze traffic. You can find out more information about Google Analytics cookies by visiting the following location provided: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt out of Google Analytics relating to your use of our Sites, you can download and install the Browser Plugin available by visiting the following location provided: https://tools.google.com/dlpage/gaoptout?hl=en.

Some Sites may feature Nielsen proprietary measurement software, which will allow users to contribute to market research, such as Nielsen TV Ratings. To learn more about the information that Nielsen software may collect and your choices, please see the Nielsen Digital Measurement Privacy Policy by visiting the following location provided: https://www.nielsen.com/us/en/legal/privacy-statement/digital-measurement/.

We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

See the Your Choices and Controls section to learn how to control data collection for certain purposes.

INFORMATION SECURITY

We have put in place reasonable controls designed to help safeguard the personal information we collect via the Sites. However, no security measures are perfect, and we cannot assure you that personal information that we collect will never be accessed or used in an unauthorized way.

HOW YOU CAN ACCESS OR CORRECT INFORMATION

To access personal information that we have collected about you online from Sites on which this Privacy Policy is posted, or to update your user profile, please log into your account if you have created one with us, or send an email to [email protected]. For California residents, please see below for additional information on accessing information about you.

ADDITIONAL INFORMATION REGARDING CHILDREN’S PRIVACY

On most Sites, we do not knowingly collect information from children. On some Sites, we may ask the user to provide us with the user’s age information. If the person indicates that he or she is under 13 years old, as permitted by law, we will (i) collect no or limited personal information (e.g. persistent identifier and/or email address only) from that individual, (ii) inform the child that a parent’s verifiable consent is required, and/or (iii) collect the email address of the user’s parent in addition to the user’s email address. We may use the parent’s email address to seek the parent’s verifiable consent or notify the parent of his/her child’s online activities and enable the parent to unsubscribe his/her child from a newsletter or other similar activity. Once a parent provides consent, we may use any information collected from a child consistent with the rest of this Privacy Policy and/or the terms of the consent provided by the parent. If a user is under 13, we will not condition his/her participation in an online activity on the disclosure of more personal information than is reasonably necessary to participate in the activity. If you would like to review any personal information that we have collected online from your child, have this personal information deleted from our active servers, and/or request that there be no further collection or use of your child’s personal information, or if you have questions about these information practices, you may contact us at [email protected].

INTERNATIONAL TRANSFER

We operate internationally, and many of our computer systems are currently based in the United States, which means Information we collect will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you use or visit our Sites from outside the United States, you consent to the collection and/or processing in the United States of Information we collect from you.

CALIFORNIA AND CCPA PRIVACY RIGHTS, METRICS, AND DISCLOSURES

This California and CCPA Privacy Rights, Metrics, and Disclosure section addresses legal obligations and rights laid out in the California Consumer Privacy Act (“CCPA”) and other laws that apply only to California residents. These obligations and rights apply to businesses doing business in California and to California residents and information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Information”). It does not apply to information that has been de-identified or aggregated as provided by CCPA. 

CCPA METRICS  

CCPA Regulations require us to provide disclosure of metrics for the previous calendar year regarding the requests by California residents. These metrics report the number of access, deletion, and Do Not Sell requests made, the number fulfilled in whole, or in part, and the number denied.

CALIFORNIA INFORMATION WE COLLECTED AND SHARED

This section provides the information California residents need to exercise their rights over their California Information. Here is information about the California Information we have collected from and shared about consumers in the year before this section was last updated.

California Information We Collected

In the year before this section was last updated, we may have collected the following categories of California Information:

• Address and other identifiers – such as name, phone number, postal address, zip code, email address, account name or number, date of birth, driver’s license number, payment card numbers, or other similar identifiers
• Characteristics of protected classifications – such as race, ethnicity, or sexual orientation
• Unique and other online identifiers – such as IP address, device IDs, or other similar identifiers that relate to your device and its operating system
• Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Internet or other electronic network activity information – such as browsing history, search history, and information regarding your interactions with our Sites, and content such as videos, ads, websites, and devices such as smart TVs, streaming media, browsers and apps
• Professional information or educational Information – such as your current occupation
• Biometric information 
• Audio, visual, or similar information – such as photos, videos, video footage (CCTV) or recordings you choose to post to our Sites or provide by granting us access to your camera while using Sites or services
• Location information – such as your device’s precise location in connection with certain Sites 
• Inferences or audience segmentation – such as individual profiles, preferences, characteristics, and behaviors
• In-Game or online viewing activities – such videos, content, and pages viewed

We may have collected or sold these categories of California Information for the following business or commercial purposes:

• Performing services on behalf of the business – such as customer service, processing or fulfilling orders, providing content recommendations, and processing payments
• Auditing customer transactions
• Fraud and crime prevention
• Debugging errors in systems
• Marketing and advertising
• Internal research, analytics and development – e.g., user-preference analytics
• Developing, maintaining, provisioning or upgrading networks, products, services, or devices

We may have obtained California Information from a variety of sources, including:

• Directly from you – such as technical and usage information when you use our Sites
• Linked sites – such as Social Media Sites and third-party platforms
• Our affiliates
• Our joint ventures and promotional and strategic partners
• Information suppliers
• Distributors and other vendors
• Marketing mailing lists
• Other users submitting information about you – such as to invite you to participate in an offering, make recommendations, or share content
• Publicly available sources

Disclosures of California Information:

In the year before this section was last updated, we may have disclosed the following categories of California Information to third parties:

• Address and other identifiers – such as name, phone number, postal address, zip code, email address, account name or number, date of birth, driver’s license number, payment card numbers, or other similar identifiers
• Characteristics of protected classifications – such as race, ethnicity, or sexual orientation
• Unique and other online identifiers – such as IP address, device IDs, or other similar identifiers that relate to your device and its operating system
• Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Internet or other electronic network activity information – such as browsing history, search history, and information regarding your interactions with our Sites, and content such as videos, ads, websites, and devices such as smart TVs, streaming media, browsers and apps
• Professional information or educational Information – such as your current occupation
• Biometric information 
• Audio, visual, or similar information – such as photos, videos, video footage (CCTV) or recordings you choose to post to our Sites or provide by granting us access to your camera while using Sites or services
• Location information – such as your device’s precise location in connection with certain Sites
• Inferences or audience segmentation – such as individual profiles, preferences, characteristics, and behaviors
• In-Game or online viewing activities – such videos, content, and pages viewed

We may have disclosed each of these categories of California Information to the following categories of third parties:

• Affiliates – These entities are associated with us through common ownership.
• Service Providers – These entities process information on our behalf for business purposes, helping us provide products or services to you
• Social Media Platforms – These entities maintain networks connecting individuals and organizations – such as Facebook, LinkedIn, or Twitter
• Advertising Partners – These entities help us advertise our products or services, as well as connect us with others who want to place advertisements on some of our products or services
• Analytics Partners – These entities help us collect data on how our products or services are used, so that we can improve them and better understand our consumers
• Promotional Partners – We partner with these entities to jointly promote our products, for example by running contests or other promotional campaigns
• Government Entities – These entities include law enforcement authorities, regulatory agencies, and courts

Categories of California Information sold to third parties 

The CCPA defines ‘sale’ very broadly. It includes the sharing of California Information in exchange for anything of value. According to this broad definition, in the year before this section was last updated, we may have sold the following categories of California Information to third parties:

• Address and other identifiers – such as name, phone number, postal address, zip code, email address, account name or number, date of birth, driver’s license number, payment card numbers, or other similar identifiers
• Characteristics of protected classifications – such as race, ethnicity, or sexual orientation
• Unique and other online identifiers – such as IP address, device IDs, or other similar identifiers that relate to your device and its operating system
• Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Internet or other electronic network activity information – such as browsing history, search history, and information regarding your interactions with our Sites, and content such as videos, ads, websites, and devices such as smart TVs, streaming media, browsers and apps
• Professional information or educational Information – such as your current occupation
• Biometric information 
• Audio, visual, or similar information – such as photos, videos, video footage (CCTV) or recordings you choose to post to our Sites or provide by granting us access to your camera while using Sites or services
• Location information – such as your device’s precise location in connection with certain Sites 
• Inferences or audience segmentation – such as individual profiles, preferences, characteristics, and behaviors
• In-Game or online viewing activities – such videos, content, and pages viewed

We may have sold each of these categories of California Information to the following categories of third parties:

• Affiliates – These entities are associated with us through common ownership.
• Social Media Platforms – These entities maintain networks connecting individuals and organizations – such as Facebook, LinkedIn, or Twitter
• Advertising Partners – These entities help us advertise our products or services, as well as connect us with others who want to place advertisements on some of our products or services
• Analytics Partners – These entities help us collect data on how our products or services are used, so that we can improve them and better understand our consumers
• Promotional Partners – We partner with these entities to jointly promote our products, for example by running contests or other promotional campaigns

YOUR CALIFORNIA PRIVACY RIGHTS TO REQUEST DISCLOSURE OF INFORMATION WE COLLECT AND SHARE ABOUT YOU

If you are a California resident, California Civil Code Section 1798.83 permits you to request information about our practices related to the disclosure of your personal information by certain members of our family of companies to certain third parties for their direct marketing purposes. You may be able to opt out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. Please send your request (along with your full name, email address, postal address, and the subject line labeled “Your California Privacy Rights”) by email at [email protected].

• In addition, if you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following:
• The categories and specific pieces of your California Information that we’ve collected
• The categories of sources from which we collected California Information
• The business or commercial purposes for which we collected or sold California Information
• The categories of third parties with which we shared California Information

You can submit a request to us for the following additional information:

• The categories of third parties to whom we’ve sold California Information, and the category or categories of California Information sold to each
• The categories of third parties to whom we’ve disclosed California Information, and the category or categories of California Information disclosed to each 

YOUR RIGHT TO REQUEST THE DELETION OF CALIFORNIA INFORMATION

Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us.

YOUR RIGHT TO ASK US NOT TO SELL YOUR CALIFORNIA INFORMATION

You can always tell us not to sell your California Information by emailing [email protected]

HOW TO EXERCISE YOUR CALIFORNIA RIGHTS

You may exercise your rights to request access to your California Information, deletion of your California Information, or to request we not sell your California Information by emailing [email protected]. When you submit a request, we will usually ask for information to confirm the request was not fraudulently submitted.

In addition, for access and deletion requests, we will use a third-party verification service to confirm that you are who you say you are. Our verification service does this by matching information you provide against information held about you in its records, or, if necessary, by allowing you to submit documents proving your identity.

If you are the parent of a child under 13 years of age, you may also submit a request on behalf of your child. In that event, we will ask you to provide your child’s email address, to verify your identity, and to submit a signed form authorizing us to proceed with the request regarding your child’s California Information.

You may also designate an authorized agent to submit a request on your behalf. To do so, we will require either (1) a valid power of attorney, or (2) signed written permission from you. In the event your authorized agent is relying on signed written permission, we may also need to verify your identity and/or contact you directly to confirm permission to proceed with the request.

OUR SUPPORT FOR THE EXERCISE YOUR DATA RIGHTS

You have the right not to receive discriminatory treatment if you exercise any of the rights explained in this section of the Privacy Policy. We are committed to providing you control over your California Information, we will not disadvantage you if you choose to exercise your rights. 

CALIFORNIA CONSUMERS UNDER 16 YEARS OLD

CCPA has specific rules regarding the use of California Information from consumers under 16 years of age. In particular, consistent with the CCPA, if we knowingly collect the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so. If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we sell California Information of consumers under 16 years of age.

If you would like further information on how we handle California Information from consumers under the age of 16 years of age, or if you have questions about these information practices, you may contact us at [email protected].

CALIFORNIA CONSUMERS UNDER 18 YEARS OLD

California consumers who are registered users of the Sites and under 18 years of age may request removal of content or information they posted on the Sites. We will remove such content or information when we are required to do so by law. To request removal of content or information you posted on the Sites, you may contact us at [email protected].

However, even if we remove the content or information that you posted, we cannot completely prevent further use or disclosure of that content or information by others once you have shared it in a publicly available forum.

NOTIFICATION REGARDING PRIVACY POLICY UPDATES

From time to time, we may update this Privacy Policy. We will notify you about material changes to this Privacy Policy by placing a notice on our Sites. We encourage you to periodically check back and review this policy so that you always know our current privacy practices.

HOW TO CONTACT US

If you have any questions about this Privacy Policy you may contact us at: [email protected].