| Gambianow.com Terms of Service |
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Gambianow.com TERMS OF SERVICE
Welcome to Gambianow.com We offer you the software, content and services of Gambianow.com (the "Services") on the condition that you agree to the following terms. YOU ACCEPT THE FOLLOWING TERMS ELECTRONICALLY BY USING THE SERVICES OR BY REGISTERING FOR THE SERVICES (THE "TERMS OF SERVICE"). Please Read These Terms of Service carefully. When your acceptance of these terms reaches our servers through your affirmative act of using or registering for the Services, a binding agreement is made electronically between you and Gambianow.com Global Operations Limited of Dublin, Ireland ("we" or "us"). You agree that the laws of Ireland shall govern the interpretation of these Terms of Service and apply to claims for breach of these terms. You agree to resolve any dispute by arbitration under the procedures we disclose below. If you do not agree to these Terms of Service, do not use the Services. About the Services The Services are intended for general audiences. You acknowledge that our Services will evolve over time and, therefore, we have the right to change or discontinue any Service at any time and without notice. We reserve the right to make modifications and alterations in the information contained on the Services without notice. In order to maximize capacity for the benefit of all our users, we may impose general operating rules for any Service, such as, establishing limits on storing, uploading or downloading any data. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Services. Changes to the Terms; Supplemental Terms You must be legally competent to enter into agreements. You agree that we may modify these Terms of Service at any time to adapt to changes that we may make to the Services. You are responsible for checking these Terms of Service periodically for changes. Your ongoing use of the Services after the changes take effect signifies your agreement to the new terms. Certain channels and subscription Services may be subject to additional terms that will supplement these Terms of Service, which you agree will be binding on you when you use those Services. Registration Certain features such as e-mail and Gambianow.com Instant Messenger may require registration. Each registration is for a single individual user only. In order to register, you will need an individual user name or screen name ("Screen Name") and a password. You may not have a Screen Name that is vulgar, attempts to impersonate another person or violates the law or the rights of others. We may reject any Screen Name that we determine in our discretion is unacceptable. When you register, you must provide complete and accurate registration information about yourself. You agree to keep this information up-to-date. You are responsible for all use under your Screen Name account, including the use of your account by others, and you agree to keep your password confidential. Data Protection Our Privacy Policy explains the practices that apply with your information when you use the Services. You consent to the transfer of this information to and within the territory of Gambia, the United States of America or such other countries as we may disclose from time to time for processing and storage by us. Additionally, you agree that we may use your Screen Name to authenticate you on any service provided by us or our affiliates. Inactive Status We reserve the right to deactivate your Screen Name if your Screen Name account has been inactive for more than 90 days. You must use your account regularly, such as, by logging into the Services in order to keep your registration active. If we deactivate a Screen Name, we have the right to reassign that Screen Name to another user. Your Responsibilities You may use the Services for lawful purposes only. You may not submit or transmit through the Services any material, or otherwise engage in any conduct that: 1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; 2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest; 3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 4. impersonates any person, business or entity, including us and our employees and agents; 5. attempts to exploit a minor (under the age of 18); 6. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; 7. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; 8. violates these Terms of Service, guidelines or any policy posted on the Services, or 9. interferes with the use of the Services by others. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service. E-mail Accounts The following terms apply to any free email services offered by us. You must use your email account regularly to keep it active. We reserve the right to cancel any free e-mail account that is inactive for more than 30 days, and any data on a deactivated account may not be retrieved later. You are solely responsible for backing up and archiving any important email. No Spam You may not use the Services or our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or transmission through the Services. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks. Access Costs You are responsible for all costs in obtaining the equipment and Internet connections that you will need to access the Services. You are responsible for checking with your Internet access provider (including your carrier if you access our services using wireless applications) to determine all costs that you may incur in accessing the Internet and our services. Fees and Payment We or one of our affiliates may offer premium services and content through the Services for a fee. Payment and other applicable purchase terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms that shall supplement these Terms of Service. Content You Post to Public Areas Certain areas of the Services may allow you to submit or post material, such as text, software, images, audio and video ("Content") that can be accessed and viewed by others, including the Internet audience in general. You may not submit Content on or through the Services that you do not have a right to make available under any law or under contractual or fiduciary relationships. You may not submit Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to on the Services, you grant us, our parent, affiliates, and distributors a royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide in any medium. No Warranties on Content THE CONTENT AND INFORMATION ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS." You are using the Content and information at your own risk. We are under no obligation to you regarding the content, accuracy, conformity to applicable laws of material made available on the Internet. We have no duty to pre-screen Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. All Content on the Services is offered for general information or use only. The Content does not constitute advice and should not be relied upon in making any decision. You agree to assume the responsibility to make proper independent enquiries about the nature and accuracy of the information provided on the Services. Any dealings that you have with advertisers found on the Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. The advertisers who submit material for use on the Services are solely responsible for ensuring that their materials comply with applicable International and National law. Content You May Use We, our suppliers, and our other users who lawfully post Content on the Services own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. You understand and agree that a violation of these proprietary rights may subject you to civil and criminal penalties. Provided that you comply with these Terms of Service, we offer you a limited right to view and listen to the Content for personal, non-commercial purposes. The rights we give you may not be transferred or sublicensed. We may revoke these rights at any time. Unless we expressly provide otherwise, you may not download, save, distribute or otherwise make unauthorized copies or derivative works of any Content. You may not use any technologies to violate these Terms of Service. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. Any Content that we or our suppliers expressly offer for download on the Service, such as photos and music, are for personal use only and will be subject to additional usage rules that supplement these Terms of Service. Visit our Copyright Permission Page for information on how you can request permission to reproduce certain Content from the Services. Software We or our suppliers may provide you with software to use with the Services ("Software"). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access certain Services only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate. Your license will end on the date your applicable Service ends. Your license will also end if we modify the Service in a way that no longer supports the Software. We may disable the Software after the date the Service ends. Support Services You are using the Software and Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so. We Make No Warranties We provide the Services "AS IS", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ALL TERMS IMPLIED BY THE SALES OF GOODS AND SUPPLY OF SERVICES ACT, 1980, ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION, SECTION 39 OF THE SALES OF GOODS AND SUPPLY OF SERVICES ACT. WE MAKE NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM SERVICES IS SUBJECT TO THESE TERMS OF SERVICE AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. We are not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN Gambianow.com REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that any material on the Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access the Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable. Limitation of Liability YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR, OUR PARENT'S AND OUR SUPPLIERS' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY (AND THE LIABILITY OF OUR PARENT AND SUPPLIERS) IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Termination We may cancel or suspend your access to the Services or Screen Name account at any time, without cause and/or without notice. We may terminate and/or suspend your account or Screen Name immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, if your account has been deactivated for inactivity (see the "Inactive Status" section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service. Indemnification Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services arising out of the contents you submit, e-mail, transmit or make available through the Services, your violation of these Terms of Service, or your violation of any rights of another user of the Services. YOU RECOGNISE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. Acknowledgment Our disclaimer and limited liability as set out in these Terms of Service are fundamental elements of the basis of the bargain services to be provided to you by us. You agree that we would not otherwise be able to offer services on its present basis without such limitations. This clause shall survive any termination of these Terms of Service. Electronic Contracting and Notices You understand and agree that we are an online business and that we transact with our users electronically and not in paper form. Your affirmative act of using the Services or registering for the Services signifies your acceptance of our terms and your agreement to transact with us electronically. Your affirmative act of registering and clicking your acceptance to obtain a Screen Name constitutes your acceptance and electronic signature to these Terms of Service. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service. Entire Agreement These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Choice of Law and Location for Resolving Disputes You understand and agree that you are contracting with Gambianow.com Global Operations Limited of Dublin, Ireland, and the laws of Ireland govern the interpretation of these Terms of Service and apply to claims for breach of these terms. Any act by you that signifies your acceptance of our terms shall be deemed "received" when any notification of your acceptance (e.g., a click-through) reaches our servers. Except as specifically provided otherwise in these Terms of Service, you further agree that the following procedures will apply for any claim or dispute that you may have against us relating in any way to these Terms of Service, your membership or your use of the Services (the "Dispute"): - A Dispute will be deemed to arise when one party serves on the other party a notice stating the nature of the Dispute (a "Notice of Dispute"). - Both parties will use reasonable efforts to resolve any Dispute through negotiations. - If a Dispute cannot be resolved through negotiations within thirty (30) business days from service of the Notice of Dispute, you and we agree that, before mutually submitting to the jurisdiction of courts in the United Kingdom such Dispute shall be submitted to and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 ("Arbitration Act") under the following conditions: - All arbitration proceedings shall be conducted in English and a daily transcript in English shall be prepared; - There shall be one arbitrator, to be mutually selected and appointed by both the parties. - The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding; - The venue of arbitration shall be in The Gambia,and - the arbitration for the Dispute shall be deemed an "international commercial arbitration" for purposes of the Arbitration Act. Relationship These Terms of Service or your use of the Services does not create any joint venture, partnership, employment or agency relationship between the two of us. You agree that these Terms of Service are not intended to confer and does not confer any rights or remedies from us upon any person other than you. Assignment We may assign this contract at any time without notice to you. You may not assign this contract to any one else. Last Updated: 3-February-2008 |
