Terms and conditions of use

Last revised: October 04, 2022

Preamble

These Terms and conditions of use constitute a legally binding agreement between you (the “User” or “you” or “your”) and Broskevi Limited, a company duly incorporated and validly existing under the laws of Cyprus, having its registered office at Renatou Kartesiou, 17, Agios Athanasios, 4105, Limassol, Cyprus (“Company” or “we” or “us” or “our”) and set forth the terms in which you may use africadoo.com (“Website”). These Terms and conditions of use incorporate our Privacy Policy and shall be referred to as the “Terms”. Therefore, you must take the time to read the Terms carefully before accessing or using the Website.

1. Acceptance of the Terms

1.1. By creating a profile or using our Website, you acknowledge that you have read, understood and agree to these Terms. You agree to be bound by these Terms and to comply with all applicable laws and regulations when using the Website. You further acknowledge that these Terms constitute a binding and enforceable legal agreement between you and us. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE IN ANY MANNER.

2. Eligibility and age limitation

2.1. You hereby warrant that you are eligible to enter into these Terms, and you are not prohibited by any authorised authority, judicial order or law from entering into any agreement. You further represent and warrant that you are at least eighteen (18) years of age and have legal competence to enter into these Terms. We reserve the right to request proof of age at any stage to verify that individuals under the applicable age are not using our Website.

3. Subject

3.1. Under the Terms, the Company provides access to the Website functionality on terms and in the manner defined by these Terms.

3.2. The Website is provided “as is” without express or implied warranty or condition of any kind. You use the Website at your own risk. The Сompany disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. The Сompany may, at its sole discretion, define the functionality of the Website and make any changes to the Website at any time.

3.3. If you purchase any functionality of the Website that the Company may, from time to time, offer for a fee (the "Paid functions"), you authorise the Company and our designated payment processors to store your payment data and other related data. You also agree to pay the applicable fees for the Paid functions as they become due plus all related taxes (including, without limitation, sales and use taxes, duties or other governmental taxes or fees) and to reimburse us for all collection costs and interest for any overdue amounts. All prices for the Paid functions are subject to change without notice.

3.4. From time to time, Company may offer free trials or other promotions.

3.5. Payment method. The Company may, from time to time, offer various payment methods, including, without limitation, payment by credit card or by certain mobile or electronic payment providers. Accordingly, you authorise the Company to charge you for the Paid functions through any payment method(s) you select when purchasing the Paid functions (the "Payment method"), and you agree to make payment using the such Payment method(s).

3.6. All fees and charges are nonrefundable, and there are no refunds or credits for any partially used Paid functions except (i) as expressly outlined in these Terms, (ii) as otherwise required by applicable law and (iii) at Company's sole and absolute discretion. In its sole discretion, the Company may immediately deactivate the User profile.

4. Rights and obligations of the Parties

4.1. The User agrees to use the Website in a manner consistent with these Terms and all applicable local, state, national and international laws and regulations.

4.2. The User understands the personal responsibility for maintaining the confidentiality of the username and password of the User profile, and the User is fully responsible for all activities that occur under his/her username and password, including the purchase of any of our Paid functions.

4.3. If otherwise is not provided, the User can create only one valid profile for using the Website. In the event one User has created more than one profile, the Company has the right to block all or some User`s profiles or deactivate all or some of such profiles. The Company may also refuse to re-register the User profile (including when the Company has deactivated all User`s profiles). In particular, it is prohibited to create a new profile after the Company has blocked any of the User's profiles, including using another IP address, contact and/or payment information. All fees and charges from the deactivated accounts are nonrefundable.

4.4. The User represents, warrants, and undertakes that the information and photos that the User supply to the Website and the Company is/are accurate in all respects, not in breach of these Terms and not harmful to any person.

Without limiting the above, you must not transmit or post on our Website any images that contain:

  • images of any person other than you;
  • nudity;
  • images of other objects that do not contain you;
  • a cartoon or illustration (even if it is of you).

5. User content

5.1. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to the Company through the Website or to other users (collectively referred to as “Content”), including, without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are "User Content"). The Company does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.

5.2. Although the Company does not pre-screen, review, control, monitor, or edit the User Content and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept, delete, block (to make unavailable to third parties) any content, terminate or suspend User access to the profile, unilaterally terminate the Terms, and delete the User profile, if Company becomes aware (including from third parties) that the usage of the Website violates or contributes to the violation of the rights of the Company, the rights of third parties (including other users and/or visitors), any applicable local, state, national and international laws and regulations, the Terms (including prohibited activities specified in article 6 of these Terms) and/or is inconsistent in any other manner with the purpose of the Website. The Company may apply any actions provided in this article without prior User notification if it is considered an immediate and necessary measure in response to the alleged violation.

5.3. The Company claims no ownership or control over your User Content, except as otherwise explicitly provided herein, on the Website or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorise sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by the Company will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of these Terms.

5.4. The User understands and agrees that anyone may be able to view any data User chooses to make publically available. The User may at any time change or delete such data. The User understands that the design of the Website and the information displayed may vary. The Company collects and processes the User's personal data under the Privacy Policy.

5.5. Any profiling data you have provided to us will be publicly viewable on your profile, irrespective of the viewer's location. By creating a profile, you acknowledge that overseas recipients can view your profile.

5.6. The Company globally utilises servers for storing your personal data, which may be located in a country other than your country of residence.

5.7. In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you, we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your personal data.

5.8. You expressly consent to the transfer and storage of your personal data to our members, employees and third parties as contemplated in our Privacy Policy, where such members, employees and third parties are located in countries other than your country of residence, in full knowledge and appreciation of the risks that may be associated with such transfers and storage, particularly where such countries do not have the same or a similar level of protection as that in your country of residence. The Company will facilitate all transfers under the terms of our Privacy Policy. You are entitled to revoke your consent or object to our use of your personal data at any time, under the processes set out in our Privacy Policy.

6. Prohibited actions

6.1. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under these Terms or any other policy governing your use of the Website ("Prohibited Content"). Prohibited Content includes, without limitation, User Content that:

  • violates someone's data privacy or data protection rights, contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
  • contains any advertising or promotional content regarding any products or services;
  • discloses phone numbers, street addresses, last names, or e-mail addresses of a person without permission;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices;
  • copies, modifies, publishes, adapts, sublicenses, translates, sells, distributes, transmits, performs, displays, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Website or causes others to do so;
  • is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
  • interferes with the operation of the Website, accesses the protected information from the Website or gains unauthorised access to the Website and User profiles;
  • may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, promotes or enables illegal or unlawful activities; or, in the sole discretion of the Company, is objectionable or restricts or inhibits any person from using or enjoying the Website or exposes the Company or its users to harm or liability of any type.

7. Intellectual property rights

The Company retains all rights, titles, and interests in the Website and the corresponding intellectual property rights and reserves all rights not expressly granted.

7.1. Copyright

Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the U.S. and international copyright law and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means without our prior written permission:

a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or

b) commercialise any information, products or services obtained from any part of the Website.

7.2. Trademarks

Unless otherwise specified, any work or device attached to the ™ or ® symbol is a registered trademark. If you use any of the trademarks owned by the Company for our activities, products or services, you must include a statement attributing the trademark to the Company. You must not use our trademarks:

a) in or as the whole or part of your own trademarks;

b) in connection with activities, products or services which are not ours

c) in a manner which may be confusing, misleading or deceptive; or

d) in a way that disparages us or our information, products or services (including, without limitation, the Website).

8. Disclaimer of warranties

8.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.

8.2. THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

8.3. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

8.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of liability

9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE (INCLUDING THE SERVICES OR CONTENT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE WEBSITE (INCLUDING THE SERVICES AND CONTENT) IS AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO USD 300. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU

9.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Indemnification

10.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, or (ii) your violation of these Terms. At your expense, the Company reserves the right to assume the exclusive defence and control of any matter you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the Company's prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Governing law and jurisdiction

11.1. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Cyprus.

12. Miscellaneous provisions

12.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you concerning these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

12.2. Subject to Section “Governing law and jurisdiction”, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

12.3. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

12.4. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms, you give the Company consent to any such assignment and transfer. You confirm that placing on the Website a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of the Company's rights and obligations under the agreement (unless otherwise expressly indicated).

12.5. All information communicated on the Website is considered an electronic communication. When you communicate with us through or on the Website or via other electronic media, such as e-mail, you communicate with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

12.6. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.

13. Change or termination of the Terms

13.1. The Company may modify these Terms at its sole discretion at any time. The Company shall provide notice of any such modification. Notice shall consist of posting the revised Terms and/or notification through the User profile.

13.2. Unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions. User use of the Website after such posting will constitute acceptance of the revised Terms.

13.3. The User has the right unilaterally refuse the Terms by sending the notice to the Company by e-mail. In such a case, the User profile will be deactivated.

13.4. User shall not be entitled to terminate the Terms or re-enter the Terms in case his/her profile has been blocked or deactivated because of the breach of the Terms.

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