SundiataPOST Website Access Agreement

Please read this Agreement carefully before accessing the SundiataPOST Website. As a condition to and in consideration of receiving and accessing the SundiataPOST Website, the User agrees to be bound by the terms of this Agreement. Use of or access to the SundiataPOST Website shall constitute acceptance of and agreement to be bound by this Agreement.

If you do not wish to be bound by this agreement, do not access the SundiataPOST Website. If you have any questions about this Agreement, please contact us via e-mail at [email protected]

THIS AGREEMENT “Agreement” is entered into by and between and any individual, corporation, association, agency, company, or other entity who accesses or uses the SundiataPOST Website (the “User” or “you”).

The SundiataPOST Website, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow SundiataPOST to communicate with users and for you to interact with those users. The SundiataPOST Website is owned and operated by Leo Africanus Ltd. The SundiataPOST Website contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the SundiataPOST Website that can be modified by Users, such as posting classifieds, uploading multimedia files, registering user profiles, and creating auto-notify, personalized pages, and personalized project areas.

1. User Rights and Responsibilities

1.1 Access to the SundiataPOST Website

You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the SundiataPOST Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the SundiataPOST Website.

1.2 User Conduct

You agree to access and use the SundiataPOST Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the SundiataPOST Website, including any Interactive Area, (ii) the use of any networks or other services connected to the SundiataPOST Website, and (iii) the communications means by which you connect your modem, computer, or other equipment to the SundiataPOST Website. By accessing the SundiataPOST Website, you agree that you will not:

Restrict or inhibit any other user from using and enjoying the Interactive Features;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national, or international law;
Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software or other material which contains a virus or other harmful component;
Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the SundiataPOST Website;
Disrupt the normal flow of communication in an Interactive Area;
Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
Violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights

2.1 SundiataPOST Website content

(a) You acknowledge that Content on the SundiataPOST Website is generally provided by Leo Africanus Ltd, individual contributors of Content (“Contributors”), third party licensees, and/or other Users. You acknowledge that the SundiataPOST Website permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the SundiataPOST Website owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “The SundiataPOST Website” and its URL address. You acknowledge that the SundiataPOST Website, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.

2.2 Content Provided by User

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the SundiataPOST Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the SundiataPOST Website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Leo Africanus Ltd the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Leo Africanus Ltd to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.

3. Interactive Areas

You acknowledge that the SundiataPOST Website may include various interactive areas (“Interactive Areas”), including but not limited to classifieds. These Interactive Areas allow feedback to the SundiataPOST Website and real-time interaction between users. You further understand that Leo Africanus Ltd does not control the messages, information, or files delivered to such Interactive Areas and that the SundiataPOST Website may offer you and other Users the capability of creating and managing an Interactive Area. However, neither Leo Africanus Ltd., its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that Leo Africanus Ltd cannot, and does not intend to, screen communications in advance. Moreover, because the SundiataPOST Website encourages open and candid communication in the Interactive Areas, Leo Africanus Ltd cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The SundiataPOST Website is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that Leo Africanus Ltd has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, Leo Africanus Ltd may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. Leo Africanus Ltd reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written SundiataPOST Website policy in effect at that time, (ii) be harmful to the rights of any User, Leo Africanus Ltd, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.

4. Termination

The only right with respect to dissatisfaction with any policies, guidelines, or practices of Leo Africanus Ltd in operating the SundiataPOST Website, or any change in Content, is for you to discontinue accessing the SundiataPOST Website. Leo Africanus Ltd may terminate or temporarily suspend your access to all or any part of the SundiataPOST Website, without notice, for conduct that Leo Africanus Ltd believes is a violation of this Agreement or any policies or guidelines posted by Leo Africanus Ltd, or for other conduct which Leo Africanus Ltd believes, in its sole discretion, is harmful to Leo Africanus Ltd or other Users. Leo Africanus Ltd may discontinue operating the SundiataPOST Website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the SundiataPOST Website, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the SundiataPOST Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.


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