Welcome to AfroBiz, an online community that connects people through networks of friends for communicating, sharing and making new friends. The AfroBiz service is operated by AfroBiz Universal, LLC. By using the AfroBiz website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you are an individual who wishes to become an AfroBiz Member (a "Member"), communicate with other Members and make use of the AfroBiz service (the "Service"), you must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page.
1.Eligibility. You must be eighteen or over to use the Website, register as a Member or create a Fan Profile. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2.Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time for any reason by contacting us.
3.Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. You may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies and/or businesses, including third party companies or developers posting or otherwise making Third Party Materials available on or via the Website may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by AfroBiz or other Members for the purpose of selling, engaging in, marketing or promoting any other product or service.
4.Proprietary Rights in Content.
a.Rights in Content Posted by AfroBiz or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of AfroBiz, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
b.Rights in Content Posted by You. By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to AfroBiz an irrevocable, perpetual, nonexclusive, fully-paid and worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the foregoing.
5.Content Posted by You to the Service and the Website.
a.Profile Information. The Service includes an option which allows Members (other than Member Entities, as defined in Section 9) to determine who may view their full profile.If you are an individual Member and you choose to allow your AfroBiz profile to be viewed by "your friends," you should be aware that anyone who accesses the Website, whether or not they are a Member, will be allowed to view all the information in your profile. But, they won’t be able to view your private photos unless they are your friends.
b.Public Profile Information. Regardless of what personal information a you choose to include in your AfroBiz profile or what level of sharing of your profile you choose, certain information about every AfroBiz Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of that Member's regular AfroBiz profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about that Member:
·Name (first, or first and last, depending on which option the Member chooses)
·Gender
·Age
·Marital Status (or the Member's other response to this category of the AfroBiz profile)
·People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)
·Location
·"Member Since" date
·The URL of the Member's AfroBiz profile
c.Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe violates this Agreement, might be offensive or illegal or might violate the rights of, harm or threaten the safety of any other Member.
d.Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service or transmit to other Members.
e.Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. Prohibited Content includes but is not limited to Content that, in our sole judgment:
·is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
·harasses or advocates harassment of another person;
·involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
·includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
·constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices.
·displays pornographic or sexually explicit material of any kind;
·includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
·provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
·solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members;
·constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter or advertising, excluding any Content posted by a Member Entity on its registered Fan Profile; or
·solicits people you do not know to add you or accept you as a friend on the Service, excluding any Content posted by a Member Entity on its registered Fan Profile.
Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.
6.Disclaimers.
a.We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
b.WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
c.We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service.
7.Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
8.Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
Please contact us with any questions regarding this Agreement.
AfroBiz is a service mark of AfroBiz Universal, LLC.
