Terms Of Service

This is a contract between you and www.africafreak.com. "AfricaFreak.com," "we," "us,", "Site" or "our" refers to the owner of this website. The term 'you' refers to the user, viewer, or customer of our website. The use of this website is subject to the following Terms of Service.

AfricaFreak.com offers an online video sharing, chatting, social networking platform and community through its website located at www.africafreak.com. By registering as a member or by using our Site in any way, you accept these Terms of Service ("Terms"), which creates a binding agreement between you and AfricaFreak.com. If you do not wish to be bound by the Terms, do not use our service.

The content of the pages on this website is for your general information and use only. By creating an account or otherwise accepting the Terms, you confirm that you are at least 13 years old or have reached the age of majority where you live.

PARENTS AND GUARDIANS:

By granting your child permission to use our service, you agree to the Terms on behalf of your child. You are responsible for monitoring and supervising your child's use of our service. If your child is using the service and is either under 13 years or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the service is appropriate for your child, please contact us at info@africafreak.com.

These Terms apply to all users of the service, including users who are also contributors of content on the service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the service. The service includes all aspects of AfricaFreak.com, including but not limited to all products, and services offered via our Site, such as chatting, uploading of video and other applications.

The service may contain links to third party websites that are not owned or controlled by us. AfricaFreak.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the service, you expressly relieve AfricaFreak.com from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the service and to read the terms and conditions and privacy policy of each other website that you visit.

REGISTRATION AND ACCOUNT SECURITY:

AfricaFreak.com users provide their real names and information, and we need your help to keep it that way. Following are the conditions for registering and maintaining the security of your account:

• You will not provide any false personal information on AfricaFreak.com, or create an account for anyone other than yourself without permission.
• You will not distribute spam or create more than one personal profile.
• You will not use your personal profile for your own commercial gain (such as selling your status, video updates to an advertiser, etc…).
• You will keep your contact information accurate and up-to-date.
• You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
• If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate such as when a trademark owner complains about a username that does not closely relate to a user's actual name.
• You will not post anyone's identification documents, video, picture, image or sensitive financial information that infringes third party right on AfricaFreak.com.

ACCOUNT SECURITY:

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at info@africafreak.com.

CONTENT RESTRICTIONS:

You may not upload, post, or transmit ("submit") any video, image, text, audio recording, or other work ("content") that:

• infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
• contains sexually explicit content or pornography,
• contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• exploits minors;
• depicts unlawful acts or extreme violence;
• depicts animal cruelty or extreme violence towards animals;
• promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
• violates any law.

All videos you submit must also comply with our uploading guidelines as described above. If you are an AfricaFreak.com user, you must comply with our guidelines.

RESPONSIBILITY OF USER:

AfricaFreak.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for material’s content, use or effects. By operating the Site, AfricaFreak.com does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, links or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AfricaFreak.com disclaims any responsibility for any harm resulting from the use by user of the Site, or from any downloading by those users of content posted.

USER PERMISSION:

As between you and AfricaFreak.com, you own the video and non-video content ("videos") that you submit to AfricaFreak.com. By submitting a video, you grant AfricaFreak.com and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display through all media now known or hereafter created, and make derivative works from your video for the purpose of (i) displaying the video within AfricaFreak.com ; (ii) displaying the video on third party sites and applications through a video embed subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, (iii) promoting AfricaFreak.com , provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of AfricaFreak.com permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to AfricaFreak.com on improving or adding new features to AfricaFreak.com, we shall have the right to use your suggestions without any compensation to you.

USERS REPRESENTATIONS AND WARRANTIES:

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content on AfricaFreak.com and grant the licenses set forth above; (ii) AfricaFreak.com will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with the Terms and,(iv) your use of the Site will be in strict accordance with AfricaFreak.com’s privacy policy, with this Terms and with all applicable laws and regulations including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from any state or the country in which you reside.

INDEMNIFICATION:

You will indemnify, defend, and hold harmless AfricaFreak.com and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on AfricaFreak.com; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to AfricaFreak.com violates any law or infringes any third party right, including any intellectual property or privacy right.

DISCLAIMER OF WARRANTIES:

The Site is provided "as is", AfricaFreak.com and its affiliates and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AfricaFreak.com nor its affiliates and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.

LIMITATION OF LIABILITY:

In no event will AfricaFreak.com , or it affiliates or licensors, be liable with respect to any subject matter of the Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AfricaFreak.com under the Terms during the period or prior to the cause of action. AfricaFreak.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

ACCOUNT DELETION AND TERMINATION:

You may delete your account at any time. Basic accounts may be deleted from AfricaFreak.com if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH:

AfricaFreak.com may suspend, disable, or delete your account, any part thereof or block, remove any content you submitted if AfricaFreak.com determines that you have violated any provision of this Term or that your conduct or content would tend to damage AfricaFreak.com’s reputation and goodwill. We may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION:

Upon termination, all licenses granted by AfricaFreak.com will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. AfricaFreak.com shall not be responsible for the loss of such content.

GOVERNING LAW:

The Terms shall be governed by the laws of Belgium without regard to principles of conflicts of law.

DISPUTE RESOLUTION:

Should any dispute, disagreement or claim arise between the parties (called hereafter "the dispute") connected with or concerning the Terms, the parties shall first try to resolve the dispute by negotiation. This entails that the one party invites the other in writing to a meeting in an attempt to resolve the dispute within 7 (seven) days from date of the written invitation.

If the dispute has not been resolved by such negotiation, the parties shall submit the dispute to be administered by Belgian Centre for Mediation and Arbitration upon the terms set by the Belgian Centre for Mediation and Arbitration.

NOTICES:

You consent to receive all communications including notices, agreements, disclosures, or other information from AfricaFreak.com electronically. We may provide all such communications by email or by posting them on the AfricaFreak.com Site. You may send an email to info@africafreak.com or contact us on the following address:

AfricaFreak
Rue a l'Eau, 2
1380 Lasne
Belgium

Nothing herein shall limit AfricaFreak.com’s right to object to subpoenas, claims, or other demands.

MODIFICATION:

These Terms may not be modified except by a revised Terms posted on AfricaFreak.com. The revised Terms will be effective as of the date it is posted on our Site. Your continued use of our services will mean that you agree to be bound by the updated Terms.

Last Updated on October 10, 2011