| 1. DEFINITIONS
"Agreement" means the agreement between You the user of the
service and Us the provider of the service.
"Liability" means liability for any and all damages, claims,
proceedings, actions, awards, expenses, costs and any other losses and/or
liabilities.
"Member" means any person who makes use of the Service and/or
browses the information and/or material contained in the Service.
"Post" means display, show, exhibit, publish, distribute,
and/or disclose information, details and/or other material on the Service,
and the phrases "Posted" and "Posting" shall be
construed accordingly.
"Profile" means the section containing details and/or information
about You composed and Posted by You.
"Service" means the africandatingclub.com
service provided by Us to You.
"We, Us, Our" means africandatingclub.com
"You, Your, Yourself" means the person whose application
for membership of the Service is accepted by Us.
2. THE CONTRACT
2.1. This is a legally binding contract between You and Us.
2.2. You agree to abide by these terms and conditions and failure to
do so may result in your membership to be withdrawn without notice.
2.3. You may only use this service if you are 18 years old or over.
2.4. We reserve the right to vary these terms and conditions at any
time.
2.5. We reserve the right to monitor and remove for any reason any
information, photographs and/or other material Posted by You.
2.6. We reserve the right to refuse or terminate memberships at any
time without notice or reason.
2.8. Your details and profile will be displayed on the Service and
You will be able to view the details and profiles of other Members.
2.11. You are totally responsible for your own interactions with other
Members.
2.12. We reserve the right to make changes to the Service as required
from time to time without notice which may result form sections of the
site to be withdrawn without notice.
2.13. If asked by Law enforcement of any country the provider of the
Service will make available any information required by them.
3. COST AND PAYMENTS
3.1. The cost of the Service shall be FREE.
3.5. Either party may terminate this Agreement at any time, for any
reason. Termination of the agreement by either party will be effective
upon that party sending notice to the other party of their intentions.
4. MEMBER'S OBLIGATIONS
4.1. You will not:
4.2. Post Your personal details such as Your telephone number, address
and/or e-mail address or URL in Your Profile.
4.3. Transmit and/or Post information, pictures and/or any other material
which breaches, infringes, violates and/or is contrary to any law, by-law,
statute and/or regulation or any other parties' rights in (including
but not limited to intellectual property and/or privacy rights).
4.4. Use the Service to promote another site, service and/or business
in any way including but not limited to Posting any personal e-mail
addresses URL's and/or other personal telephone numbers in Your Profile.
4.5. Solicit other Members' business, buy or sell products and/or services
through the Service.
4.6. Post and/or reproduce in any way any information and/or material
in which the copyright, trade mark and/or intellectual property belongs
to another party without first obtaining the prior consent of the owner
of such rights.
4.7. Post any chain letters and/or junk e-mail to other Members.
4.8 Transmit and/or Post and/or email to another member any information,
pictures and/or any other material, which in the opinion of the site
administrator is sexually explicit, racist, abusive, threatening or
likely to cause offence to another member.
5. TERMINATION
5.1 If:-
5.1.1 You breach the terms of this Agreement;
5.1.2 You persistently breach the terms of this agreement;
5.1.3 You fail to provide Us within the time limit requested by Us with
sufficient information to enable Us to determine the accuracy and/or
validity of any information Posted by You; and/or
5.1.4 in Our reasonable opinion, any information Posted by You is damaging
or potentially damaging to the interests of Our business then We shall
have the right, without prejudice to any other remedies, to exercise
any or all of the rights set out in clause 5.2 below.
5.2 If any of the events set out in clause 7.1 above occurs in relation
to You then:-
5.2.1 We may terminate this Agreement immediately;
5.2.2 We may immediately suspend and/or terminate Your access to the
Service without notice; and/or
6. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
6.1. All intellectual property rights including without limitation
all patents, copyright, design rights (whether registered or unregistered),
trade marks (whether registered or unregistered) and other similar rights
wherever existing in the world together with the right to apply for
protection of the same) in the Service shall be owned by Us absolutely.
6.2. You agree that You will keep confidential and not use, except
for purposes contemplated by this agreement, any and/or all information
relating to the Service which may be disclosed to You or which You may
learn, except where such information is public knowledge or it is required
to be disclosed by law.
6.3. We will use Our reasonable commercial endeavours to keep Your
personal details such as real e-mail address confidential and will not
disclose such information, except where such information is public knowledge
or it is required to be disclosed by law.
7. GUARANTEE
7.1. The Service is provided in its current form and We do not guarantee
that the Service, or any element of the Service will meet Your requirements,
purpose and/or expectations.
7.2. We do not warrant that any of the information and/or material
provided in the Service is accurate.
7.3. We do not provide any warranty in respect of the Service, results,
availability, and/or uninterrupted use of the Service.
8. LIMITATIONS ON LIABILITY
8.1. We shall have no Liability for any defect in the Service caused
or contributed to by You and/or any other Member.
8.3. You shall give Us a reasonable opportunity to remedy any matter
for which We are liable.
8.4. We shall have no Liability to You arising out of Your use of the
Service and/or Your reliance on any information and/or other material
Posted on the Service or Posted to You by other Members.
8.5. It is possible for other Members and/or unauthorised users to
obtain and misuse information about You as a result of Your use of the
Service. We shall have no Liability to You arising out of any Member's
and/or unauthorised user's misuse of information and/or other material
Posted by You on the Service and/or to other Members.
9. INDEMNITY
9.1. You agree to indemnify and keep indemnified Us against any and
all losses, proceedings, lost profits, damages, awards, expenses, costs
(including increased administration costs and legal costs on a full
indemnity basis), claims, actions and any other losses and/or liabilities
suffered by Us and arising from and/or relating to Your use of the Service,
information and/or other material Posted on the Service by You and/or
arising from or due to any breach of contract.
10. GENERAL
10.1. All third party rights are excluded and no third parties shall
have any right to enforce this Agreement. This shall not apply to members
of Our group who shall have the right to enforce this Agreement as if
they were Us. Any right of a third party to enforce this Agreement may
be varied and/or extinguished without the consent of the any such third
party.
10.2. This Agreement is governed by and interpreted in accordance with
English law and the parties agree to submit to the non-exclusive jurisdiction
of the English courts.
10.3. No waiver by Us of any breach of this Agreement shall be considered
as a waiver of any subsequent breach of the same provision or any other
provision.
10.4. This Agreement contains the entire agreement between You and
Us. If any provision of this Agreement is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the
other provisions of this Agreement and the remainder of the affected
provision shall be unaffected and shall remain in full force and effect.
10.5. Unless otherwise stated these terms and conditions will survive
termination and/or cancellation of this Agreement for any reason.
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