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