Agreement between User and Africanliveart.com
- SCOPE AND GENERAL REMARKS.
- Welcome to African Live Art (the “Company”), the operators of Africanliveart.com website (the “Site”). The Company is dedicated to, among other things, market Afro-Centric and African Art forms and history to various institutions such as Universities, Libraries, Art Organizations and individuals across the world. Thus, Africanliveart.com is a virtual platform aimed at providing a wider audience for the services it intend to offer.
- The Site is comprised of various web pages operated by African Live Art. The services of Africanliveart.com are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”).Your use of the services of Africanliveart.com constitutes your agreement to all such Terms.
- Please read the Terms and Conditions carefully, and keep a copy for your reference. These Terms and Conditions along with the contents of any written agreement, if so provided, shall form the basis of our relationship with you. The Terms and Conditions herein shall apply to all present and future business relationships and shall be in force until varied or replaced with new terms and conditions from time to time. All our quotations and services shall be provided exclusively pursuant to these Terms and Conditions. Business conditions deviating from these Terms and Conditions shall not apply unless expressly confirmed by us in writing.
- In all dealings with us, you shall be bound by these Terms and Condition unless or until you advise us that you no longer wish to be bound by them. In that event you would be required to write to us and receive an acknowledgment of your communication indicating your wish to be no longer bound. Where such an event occurs, your relationship with the Company will cease to exist.
- If there is the slightest doubt in your mind as to what is expected of your use of our services, please contact us to clarify any ambiguity.
- By signing this Terms and Conditions, you confirm that you are competent and have the capacity to enter into this agreement. These Terms and Conditions only apply between you and com. They do not give any benefit or rights to any third party.
- African Live Art is a platform that connects African Art and History educators to people, groups, and institutions all over the world through virtual media. The Afro-centric and African art education and or services provided within a stipulated time frame on a virtual medium will be paid for by the clients (person, group, or institution) who requested it.
- In rendering your services, you will not knowingly or unknowingly offer to our clients artistic work that are not your original work or works to which you have not obtained the requisite permission from the copyright owner or whichever permission is required.
- As part of the completion of these Terms and conditions, you will furnish African Live Art an undertaking stating that the artistic work you intend to provide is either your original work or that you have obtained the requisite permission to use the artistic work and as such, African Live Art is not liable for any copyright infringement committed by you in the rendering of your services.
- Changes to Terms and Conditions
African Live Art reserves the right, in its sole discretion, to change the Terms and Conditions under which Africanliveart.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. African Live Art encourages you to periodically peruse the Terms and Conditions to stay informed of any updates.
- This confidentiality clause, shall survive termination or expiry of our engagement with you. Any confidential information we exchange with each other (“Confidential Information”) shall be kept confidential, safeguarded and not divulged by either party unless expressly consented to by the other party. Both parties herein shall undertake to take all reasonable precautions in the safekeeping of the Confidential Information. Any Confidential Information provided pursuant to this engagement is provided exclusively for the purpose of the services to be rendered by either party and shall not be used in any other way. Any Confidentiality Agreement signed between us will continue in force as if it was part of this clause.
- Notwithstanding the above, African Live Art shall be entitled to divulge the Confidential Information to a subcontractor for the purpose of providing the Service, provided that such contractor has entered into a confidentiality agreement with us or to any law enforcement or governmental agencies mandated to obtain such an information or on an order from a court of competent jurisdiction.
- Communications/ Notifications
Visiting Africanliveart.com or sending emails to African Live Art constitutes communications and or notifications. You consent to receive such communications/notifications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
- Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You shall not assign or otherwise transfer your account to any other person or entity without our express consent. You acknowledge that African Live Art is not responsible for third party access to your account that results from theft or misappropriation of your account. African Live Art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- Children Under Thirteen
African Live Art does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use Africanliveart.com only with permission and or guidance of a parent or guardian.
- Cancellation/Refund Policy
You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at firstname.lastname@example.org if you have any question.
- Links to Third Party Sites/Third Party Services
- com may contain links to other websites (“Linked Sites”) only for convenience purposes. The Linked Sites are not under the control of African Live Art and African Live Art is not responsible for the contents of any Linked Site.
- Certain services made available via Africanliveart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Africanliveart.com domain, you hereby acknowledge and consent that African Live Art may share such information and data with any third party with whom African Live Art has a contractual relationship to provide the requested product, service or functionality on behalf of Africanliveart.com users and customers.
- No Unlawful or Prohibited Use/Intellectual Property
- You are granted a non-exclusive, non-transferable, revocable license to access and use Africanliveart.com strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to African Live Art that you will not use the Site for any unlawful, prohibited and immoral purpose. You shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Site.
- All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of African Live Art or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. African Live Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of African Live Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of African Live Art or our licensors except as expressly authorized by these Terms and Conditions.
- For the purpose of these Terms and Conditions- Intellectual Property Rights (IPR) means any rights including copyright, trade mark, patents, designs, know how or other confidential information whether existing or created in the course of providing the Service. All IPR owned by us and created or supplied to you by us in the course of providing the Service will belong to us. All other IPR not owned by us, and supplied to you or used by you in the course of providing the Service shall remain your property or the relevant third party, as appropriate and, where it belongs to a third party, it is provided under that third party’s license terms.
- Use of Communication Services
- The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively referred to as “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
- You agree that when using a Communication Service, you will not engage in the following:
- threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity unless you own or control the rights thereto or have received all necessary consents);
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- violate any code of conduct or other guidelines which may be applicable to any particular Communication Service;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- violate any applicable laws or regulations.
- The above list is fluid and not exhaustive and as such, you shall endeavor to adhere to any update and all international best practices at all times in your use of the Communication Services.
- African Live Art has no obligation to monitor the Communication Services. However, African Live Art reserves the right to review materials posted to a Communication Service and to remove any offensive materials at its sole discretion. African Live Art reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any infringement of the above.
- African Live Art reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in African Live Art’s sole discretion.
- African Live Art does not control or endorse the content, messages or information found in any Communication Service and, therefore, African Live Art specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Where you are in doubt, seek clarification from an authorized spokesperson of African Live Art.
- Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
- Materials Provided to Africanliveart.com or Posted on Any African Live Art Web Page
- African Live Art does not claim ownership of the materials you provide to Africanliveart.com (including feedback and suggestions) or post, upload, input you submit to any African Live Art Site or our associated services (collectively “Works). However, by posting, uploading, inputting, providing or submitting your Work you are granting African Live Art, our affiliated companies and necessary sub-licensees permission to use your Work in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Work; and to publish your name in connection with your Work.
- No compensation will be paid with respect to the use of your Submission, as provided herein. African Live Art is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at African Live Art’s sole discretion.
- By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- Third Party Accounts
You will be able to connect your African Live Art account to third party accounts. By connecting your African Live Art account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
- International Users
The Service is controlled, operated and administered by African Live Art from our offices in Ghana. If you access the Service from a location outside Ghana, you are responsible for compliance with all local laws. You agree that you will not use the African Live Art Content accessed through Africanliveart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations in that country.
- Payment/ Remuneration
Your services, pursuant to these terms, will be paid for by the client with a … percent of the payment coming to African Live Art for technical and administrative purposes whiles the rest comes to your account.
You agree to indemnify, defend and hold harmless African Live Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any provision of this Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. African Live Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with African Live Art in asserting any available defenses.
- In the event of a dispute, both parties are to make reasonable effort to resolve same amicably. Where parties are unable to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved by arbitration pursuant to the Alternative Dispute Resolution Act, 2010 (Act 798) conducted by a single neutral arbitrator and administered by the Ghana Arbitration Centre or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
- The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and African Live Art agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Liability Disclaimer
- The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. African Live Art and/or its suppliers may make improvements and/or changes in the site at any time.
- African Live Art and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. African Live Art and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- Non Waiver
Failure by either party to enforce any one or more of these Terms and Conditions shall not operate as a waiver or of the right at any time subsequently to enforce that term or condition or any term or condition of this agreement.
- Data protection
In so far as required by law, both parties agree that they will comply with all applicable requirements on Data Protection.
- Termination/Access Restriction
- African Live Art reserves the right, at its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice upon breach of these Terms and Conditions. You agree that African Live Art shall not be liable to you or any third-party for any such termination. African Live Art does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities when requested. These remedies are in addition to any other remedies African Live Art may have at law or in equity.
- To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of Ghana and you hereby consent to the exclusive jurisdiction and venue of courts in Ghana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and African Live Art as a result of these Terms or use of the Site. African Live Art’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of African Live Art’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by African Live Art with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and African Live Art with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and African Live Art with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
- GOVERNING LAW
The validity, construction and performance of the terms between the parties shall be governed by Ghanaian law.
- Contact Us
African Live Art welcomes your questions or comments regarding the Terms:
African Live Art
P.O. Box MD 947
Madina, Gt. Accra,
Effective as of September 04, 2020