Welcome to Duafrica2

All materials on, or made available via, the Web Site, including without limitation, the logos, design, text, graphics, other files, sound recordings, any other copyrighted works, and the selection and arrangement thereof are either owned by us or are the property of our partners, suppliers or licensors. You may not use such materials for any purpose, other than usage, the generation and delivery of messages via the Service, without permission.

Trademarks

The Official Duafrica.com website is a trade name owned by “Duafrica” the related design marks, and other trademarks on the Web Site are owned by Duafrica and/or its partners, suppliers, or licensors. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we or our partners, suppliers, and/or licensors own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.

Linking and Framing

You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.

Third-Party Services and/or Links

We may use third parties to provide certain services accessible through the Web Site and may provide links to third party web sites. We do not control those third parties, their services, or their web sites. We will not be liable to you in any way for your use of such services or web sites. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms when you use these services and web sites.

DISCLAIMER OF WARRANTIES

WE PROVIDE THE WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE, ITS USE OR ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

Exclusion of Damages

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

LIMITATION OF LIABILITY

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE OR THE PRODUCTS) EXCEED FIFTY DOLLARS ($50.00).

Domestic Use

We control the Web Site from our offices within Boston, Massachusetts, USA . We make no representation that the Web Site or its content are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No content from the Web Site may be downloaded in violation of United States law.

Force Majeure

We will not be liable for failing to perform under these Terms because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.

Arbitration

All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held within Boston, Massachusetts, USA before and in accordance with in accordance with the rules then obtaining with the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located within Boston, Massachusetts, USA to enforce these Terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Changes to the Web Site

We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.

Additional Terms

These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Massachusetts,Boston, USA without regard for conflict of law principles. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. These terms cannot be modified or waived unless authorized in writing by a office. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. By using or attempting to use the Site, you certify that (1) you are a resident of the United States or Canada and are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (2) you are not a resident of the United States or Canada and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately.

User Content

We allow Members (as defined below) to make contributions to the Site including, without limitation, creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively “User Content”), through chat rooms, bulletin board services, member profiles, and other means. By submitting any User Content to the Site, or by posting such User Content to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), adapt, modify, distribute, have distributed and promote, make, have made, sell, offer for sale, import and commercialize the User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. You also hereby waive any so-called moral rights or other similar rights in your User Content. No User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If “Duafrica” does decide, in its sole discretion, to attribute any User Content to you, you hereby grant “Duafrica” the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to “Duafrica” The Official Duafrica Platform under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and this Agreement or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. You agree not to submit or post any User Content that: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) is pornographic or sexually explicit, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) is used to impersonate or claim the identity, characteristics or qualifications of any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (viii) exploits minors in a sexual or violent manner, (ix) promotes, condones or encourages illegal activity or ix) is generally offensive or in bad taste. You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. We generally do not pre-screen, pre-edit or otherwise control User Content and we do not assume responsibility to monitor the Site for inappropriate User Content. We do not warrant, expressly or impliedly, the accuracy, reliability or quality of User Content. By using the Site, you assume this risk. However, we reserve the right, but have no obligation (i) to monitor interactions between you and other users of the Site; (ii) to prevent you from submitting User Content that is inconsistent with our standards, stated above; (iii) to edit, restrict or remove User Content for any reason at any time; and (iv) to take any other action in good faith to restrict access to or the availability of any User Content that we, or another user, may consider to be inconsistent with the standards described above. If you discover this kind of User Content on the Site, please notify us at info@Duafrica.com. Should we choose to monitor User Content, we still will assume no responsibility for any inappropriate User Content, or for the conduct of any user who submits it, and or to remove inappropriate User Content form the Site. If we prevent your User Content from being submitted, or edit, restrict or remove it from the Site, you may not hold us accountable under any circumstances.