Afro Avenue Website Terms and Conditions

Welcome to AfroAvenue! Thank You for joining our global community. Please note that when You use our products and services including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or the " Website") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). You're agreeing to our terms and Conditions and Policies and confirm You are not a person barred from receiving services under the laws of the United Kingdom, United States or other applicable jurisdiction. You are entering into a legally binding agreement with Novus Titan Holdings Ltd, Level 16, Portomaso Business Tower, Portomaso, St Julians, STJ 4011, Malta C62655 and it's associates and Subsidiary companies(collectively referred to as "AfroAvenue"). Our Terms and Conditions and Policies apply to all visitors, users, and others who access the Service ("You" or "Your"). If You are using AfroAvenue on behalf of a company or other legal entity organization, government, or other legal entity, You represent and warrant that You are authorized to do so, You are also nevertheless individually bound by this Agreement even if Your company has a separate agreement with us. If You do not agree to be bound by all of these Terms and Conditions and Policies, do not access or use the Service.

General Conditions

  1. AfroAvenue may suspend the provision of the services of this website in the event that (but without limitation to) non-payment, persistent misinformation or inadequate instruction by any of the suppliers, operators, organisations or persons referred to herein. In the event of such suspension AfroAvenue will not be responsible for any disruption to the users services or business. We may take any of the following actions in our sole discretion at any time and for any reason without giving You prior notice: A) Restrict or terminate Your access to the Services; B) Change or discontinue the Services; C) Deactivate Your accounts and delete all related information and files in Your accounts. We will not be liable to You or any third party for taking any of these actions and we will not be limited to the remedies in this agreement if You violate these Terms and Conditions and Policies.

  2. The user will indemnify AfroAvenue against all claims, liabilities, damages, costs and expenses, including legal fees which may or may not arise out of the use of information of any kind contained within this website.

  3. The website contains content about products which may be age restricted and/or subject to other restriction in some locations. By entering these areas of the Website You warrant that it is legal for You to view such material from the location You are accessing the site.

  4. Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this website. You are also responsible for ensuring that all persons accessing our website through Your internet connection are aware of these Terms and Conditions and Policies.

  5. If You accept fee-based products or features, You agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. We will notify You of any changes to fees and charges.

  6. Unless otherwise stated, subscription services we provide will be automatically renewed at the current subscription rate if You do not cancel before the end of the subscription period. Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.

  7. You are responsible for Your use of the Services, for any Content You post to the Services, and for any consequences thereof. The Content You submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that You are comfortable sharing with others under these Terms and Conditions and Policies. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will AfroAvenue be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

  8. The nature of the Services that AfroAvenue provides may change from time to time without prior notice to You. AfroAvenue may also stop permanently or temporarily providing the Services or any features within the Services to You or to users generally and may not be able to provide You with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You. We reserve the right at all times but will not have an obligation to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to You. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, Conditions and Policies including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of AfroAvenue, its users and the public.

  9. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by AfroAvenue on the Services are subject to change. In consideration for AfroAvenue granting You access to and use of the Services, You agree that AfroAvenue may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by You or others.

  10. Your Content must clearly disclose any trade or professional relationship between You and the goods or services which are the subject of Your Content; and comply with applicable law in any country in which it is posted. Although we have no obligation to moderate content on this Website, we reserve the right to monitor any information transmitted or received through our Website. We reserve the right to, but have no obligation to make additions or deletions to any such material and to reject, block, suspend or remove Your Content at any time and in our sole discretion. We in no way guarantee that Your Content or any part of it will be displayed on the Website.

  11. AfroAvenue does not claim ownership of any Content that You post on or through the Service. You grant AfroAvenue a non-exclusive, perpetual, irrevocable, transferable, fully paid up, royalty-free license (including full rights to sub-license) to use Your Content including, without limit, the right to adapt, alter, amend or change, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information You provide, directly or indirectly to AfroAvenue, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, You submit to AfroAvenue, without any further consent, notice and/or compensation to You or to any third parties in any media throughout the world without restriction via all media or distribution methods (now known or later developed). If Your Content contains any material that is not owned by or licensed to You and/or which is subject to third party rights, You are responsible for obtaining, prior to submission of Your Content, all releases, consents and/or licenses necessary to permit use and exploitation of Your Content by us in accordance with these Terms and Conditions and Policies without additional compensation. You hereby unconditionally and irrevocably waive and agree not to assert any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in Your Content granted here under, to the maximum extent permissible by law. You agree that this license includes the right for AfroAvenue to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with AfroAvenue for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by AfroAvenue, or other companies, organizations or individuals who partner with AfroAvenue, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through the Services. Any information You submit to us is at Your own risk of loss.

  12. Users and other entities can create pages on AfroAvenue. These pages are public, and any communications or information shared through them will be accessible by the entity that created them. If You follow a page, You’ll be listed as one of that company's followers, which can be viewed by others and non-identifiable information about You will be provided to the page's administrators.

  13. It is Your responsibility to keep Your AfroAvenue profile information accurate and updated. You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the Service; and You have the legal right and capacity to enter into these Terms of Use in Your jurisdiction. You are responsible for Your use of the Services, for any Content You provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners and if You do not have the right to submit Content for such use, it may subject You to liability. AfroAvenue will not be responsible or liable for any use of Your Content by AfroAvenue in accordance with these Terms and Conditions and Policies. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You submit.

  14. AfroAvenue grants You a limited, revocable, non-assignable and non-exclusive nonsublicenseable license to use the software that is provided to You by AfroAvenue as part of the Services to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this website or its contents; any collection and use of any reviews, product descriptions, or images; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the permission or license granted by us. On the condition that You comply with all Your obligations under this Agreement, and right to access the Services, through a generally available web browser, mobile device or AfroAvenue authorized application but not through scraping, spidering, crawling, data mining, robots, or similar data gathering and extraction tools or other technology or software used to access data, (except as may be the result of standard search engine protocols or technologies used by a search engine) without the express written consent of AfroAvenue. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form, meta tags, or any other "hidden text") of www.afroavenue.com without our express written consent. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in AfroAvenue and all related items. Any unauthorised use terminates the license or permission.

  15. Any information that You provide to AfroAvenue is subject to our Privacy Policy, which governs our collection and use of Your information. You understand that through Your use of the Services You consent to the collection and use as set forth in the Privacy Policy of this information, including the transfer of this information to the United Kingdom and/or other countries for storage, processing and use by AfroAvenue. As part of providing You the Services, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and You can not opt-out from receiving them.

  16. You must keep Your username and password confidential and not share it with others. You are responsible for safeguarding the password that You use to access the Services and for any activities or actions under Your password. AfroAvenue cannot and will not be liable for any loss or damage arising from Your failure to comply with the above. You will not share an account with anyone else. You will not copy or transfer any part of the Service. Generally, we will not manually modify Your personal information because it is very difficult to verify Your identity remotely. You must promptly update Your personal information if it changes or is inaccurate. Upon Your request, we will close Your account and remove Your personal information from view as soon as reasonably possible, based on Your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms, Conditions and Policies and take other actions otherwise permitted by law.

  17. The profile You create on AfroAvenue will become part of AfroAvenue and except for the information that You license to us is owned by AfroAvenue. However, between You and others, Your account belongs to You. You agree to: (1) keep Your password secure and confidential; (2) not permit others to use Your account; (3) not use others' accounts; (4) not sell, trade, or transfer Your AfroAvenue account to another party; and (5) not charge anyone for access to any portion of AfroAvenue, or any information therein. Further, You are responsible for anything that happens through Your account until You close down Your account or prove that Your account security was compromised due to no fault of Your own. We reserve the right to force forfeiture of any username for any reason.

  18. You are solely responsible for Your interaction with other users of the Service, whether online or offline. You agree that AfroAvenue is not responsible or liable for the conduct of any user. AfroAvenue reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users.

  19. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and You hereby agree that AfroAvenue may place such advertising and promotions on the Service or on, about, or in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to You. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

  20. AfroAvenue Content is protected by copyright, trademark, patent, trade secret and other laws, and as between You and AfroAvenue, AfroAvenue owns and retains all rights in the AfroAvenue Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AfroAvenue Content and You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the AfroAvenue Content Adapt, modify or create derivative works based on AfroAvenue or technology underlying the Services, or other Members' content, in whole or part, except as permitted under AfroAvenue's developer program; Infringe or use AfroAvenue's and/or any of its licensors brands, logos or trademarks, including, without limitation, using the word "AfroAvenue" in any business name, email, or URL or including AfroAvenue's trademarks and logos except as expressly permitted by AfroAvenue; The AfroAvenue name and logo are trademarks of AfroAvenue, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AfroAvenue in addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AfroAvenue, and may not be copied, imitated or used, in whole or in part, without prior written permission from AfroAvenue. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of AfroAvenue and its licensors. The Services are protected by copyright, trademark, and other laws in the U.K.,U.S and/or other countries. Any feedback, comments, or suggestions You may provide regarding AfroAvenue, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to You. AfroAvenue reserves all of its intellectual property rights in the Service. We expressly reserve all rights in and to the www.afroavenue.com domain name and all related domains and sub-domains. Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

  21. Although it is AfroAvenue's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. AfroAvenue reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by AfroAvenue, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. AfroAvenue is not a backup service and You agree that You will not rely on the Service for the purposes of Content backup or storage. AfroAvenue will not be liable to You for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. We keep Your information for as long as Your account is active or as needed. We retain the personal information You provide while Your account is in existence or as needed to provide You services. We may retain personal information, for a limited period of time, if requested by law enforcement. AfroAvenue's Customer Service may retain information for as long as is necessary to provide support-related reporting and trend analysis only, but we generally delete or de-personalize closed account data.

  22. Except as otherwise described in the Service's Privacy Policy, as between You and AfroAvenue, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that Your relationship with AfroAvenue is not a confidential, fiduciary, or other type of special relationship, and that Your decision to submit any Content does not place AfroAvenue in a position that is any different from the position held by members of the general public, including with regard to Your Content. None of Your Content will be subject to any obligation of confidence on the part of AfroAvenue, and AfroAvenue will not be liable for any use or disclosure of any Content You provide.

  23. AfroAvenue does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If You choose to send us content, information, ideas, suggestions, or other materials, You agree that AfroAvenue is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to You under any circumstances. You also acknowledge and agree that, Your contributions do not contain confidential or proprietary information. AfroAvenue is not under any obligation of confidentiality, express or implied, with respect to the Contributions, AfroAvenue shall be entitled to use or disclose or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide, AfroAvenue may have something similar to the Contributions already under consideration or in development.

  24. We encourage users to actively log in and use AfroAvenue when they register an account. To keep Your account active, be sure to log in and add an experience within 3 months of Your last update. Accounts may be permanently removed due to prolonged inactivity. Inactivity is based on a combination of adding experiences, logging in, and the date an account was created.

  25. By joining the website You warrant and agree that You are the minimum Age of 14 years old or older. However, if applicable law requires that You must be older than such ages in order for AfroAvenue to lawfully provide the Services to You including the collection, storage and use of Your information in accordance with our privacy policy then the Minimum Age would be such older age; have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which You are a party;

  26. If You provide any testimonials about our goods or services or place advertisements through AfroAvenue Ads, we may post those testimonials and examples of advertisements You place in connection with our promotion of these services to third parties. Testimonials and advertisements may include Your name and other personal information that You have provided.

  27. Consumer reviews and ratings on AfroAvenue are from our users who have elected to post a review on AfroAvenue. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction. Participating merchants and other third parties may pay AfroAvenue to be presented on AfroAvenue or to have their product or service offerings placed higher in our search results, and may also purchase research from AfroAvenue, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.

Your Obligations

As a condition to access AfroAvenue, You agree to these Terms and Conditions and Policies and to strictly observe the following Rules:

Rules to Do: Do undertake the following:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

  2. Provide accurate information to us and update it as necessary;

  3. Review and comply with our Terms, Conditions and Policies

  4. Review and comply with notices sent by AfroAvenue concerning the Services;

  5. Use the Services in a professional manner

  6. Use Your real name on Your profile.

Rules not to Do: Don't undertake the following:

  1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to AfroAvenue;

  2. Publish inaccurate information in the designated fields on the profile form (e.g. do not include a link or an email address in the name field or submitting a telephone number in the "title" or any other inappropriate field).

  3. Create a Member profile for anyone other than a natural person;

  4. You undertake to us that Your Content or its use shall not contain any material which is obscene or offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, harass, abuse or harm another person, including sending unwelcomed or other content via the Service.

  5. You undertake to us that Your Content does not contain any personal information relating to any persons under 18 unless You are either their parent or legal guardian or have obtained the signature and authority of a parent or legal guardian of any such person permitting You to submit such person’s name or other content related to such person.

  6. You undertake to us that Your Content does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trademark of any other person;

  7. Upload a profile image that is not Your likeness or a head-shot photo;

  8. Use or attempt to use another's account or create a false identity on AfroAvenue;

  9. Upload, post, email, AfroAvenue Mail, transmit or otherwise make available or initiate any content that: Falsely states, impersonates or otherwise misrepresents Your identity, including but not limited to the use of a pseudonym, or misrepresenting Your current or previous positions and qualifications, or misrepresents Your affiliations with a person or entity, past or present; Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

  10. Includes information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation. This prohibition includes but is not limited to (A) Sending unsolicited promotional messages to those direct connections without their permission; and (B) sending messages to distribution lists.

  11. Even if it is legal where You are located, create profiles or provide content that promotes escort services or prostitution.

  12. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

  13. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

  14. Utilize or copy information, content or any data You view on or obtain from AfroAvenue to provide any service that is competitive, in AfroAvenue's sole discretion, with AfroAvenue;

  15. Remove, cover or otherwise obscure any form of advertisement included on AfroAvenue;

  16. Share information of non-Members without their express consent;

  17. Attempt to or actually access AfroAvenue by any means other than through the interfaces provided by AfroAvenue such as its mobile application or by navigating to www.afroavenue.com using a web browser. This prohibition includes accessing or attempting to access AfroAvenue using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.

  18. Attempt to or actually override any security component included in or underlying AfroAvenue;

  19. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on AfroAvenue's infrastructure, including, but not limited to, sending unsolicited communications to other Members or AfroAvenue personnel, attempting to gain unauthorized access to AfroAvenue, or transmitting or activating computer viruses through or on AfroAvenue; and/or

  20. Interfere or disrupt or game AfroAvenue or the Services, including, but not limited to, any servers or networks connected to AfroAvenue, or AfroAvenue 's search algorithms.

  21. You agree You will not sell, transfer, license or assign Your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients. You agree that You will not solicit, collect or use the login credentials of any other AfroAvenue users.

  22. Any attempts to mislead, influence or impersonate a consumer is considered fraudulent, and is subject to penalties. This may include but is not limited to: Attempts by an owner or agent of a business to boost the reputation of a business by:

    • Writing a review for their own business or a business they are employed by, or for any business the reviewing party owns, manages, or has a financial interest in.

    • Utilizing any optimization company, marketing organization, or third party to submit reviews.

    • Impersonating a competitor or consumer

    • Offering incentives in exchange for reviews, including discounts, upgrades or any special treatment.

    • Asking friends or relatives to write positive reviews.

    • Submitting reviews on behalf of consumers or other website users.

    • Copying comment cards and submitting them as AfroAvenue reviews.

    • Selectively soliciting reviews (by email, surveys or any other means) only from website users who have had a positive experience.

    • Pressuring AfroAvenue users to remove a negative review on AfroAvenue.

    • Asking AfroAvenue users to remove their reviews in return for a discount or incentive.

    • Prohibiting or discouraging AfroAvenue users from posting negative or critical reviews of their experience.

    • Attempts to damage competitors by submitting a negative review

    • Business and Brand Owners and agents of owners and Brands should NOT write reviews of direct competitors, even if they are relaying a genuine experience.

  23. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not post private or confidential information via the Service.

  24. You must not access AfroAvenue's private API by means other than those permitted by AfroAvenue. Use of AfroAvenue's API is subject to a separate set of terms.

  25. You must not use domain names or web URLs in Your username without prior written consent from AfroAvenue.

  26. You must not attempt to restrict another user from using or enjoying the Service and You must not encourage or facilitate violations of these Terms and Conditions and Policies or any other any other AfroAvenue terms.

  27. Access, tamper with, or use non-public areas of the Services, AfroAvenue’s computer systems, or the technical delivery systems of AfroAvenue’s providers;

  28. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

  29. Interfere with, or disrupt, or attempt to do so, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Registration

You understand that, by creating an account, AfroAvenue and others will be able to identify You by Your AfroAvenue profile, and You allow AfroAvenue to use this information in accordance with our Terms and Conditions and Policies. We may also ask for Your credit card details if You purchase certain AfroAvenue services. We collect information when You visit AfroAvenue, use our mobile applications, and interact with advertising on AfroAvenue.

Notifications and Service Messages

You are okay with us providing You with important notices on the website, mobile apps, or email. The contact information You provide must be accurate or You may not receive important notices. For purposes of service messages and notices about the Services, notice may consist of an email from AfroAvenue to an email address associated with Your account. You also agree that AfroAvenue may communicate with You through Your AfroAvenue account or through other means including email, mobile number, telephone, or delivery services including the postal service about Your AfroAvenue account or services associated with AfroAvenue. You acknowledge and agree that we shall have no liability associated with or arising from Your failure to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the Service.

Linking to AfroAvenue and Using and Visiting Third-Party Services and Sites and Developers

AfroAvenue may include links to third party websites ("Third Party Sites") on www.afroavenue.com and elsewhere. AfroAvenue also enables third party developers ("Platform Developers") to create applications ("Platform Applications") that provide features and functionality using data and developer tools made available by AfroAvenue through its developer platform. You may link to any page of AfroAvenue for non-commercial purposes provided that You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. The linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You must not link to AfroAvenue in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission at any time and without notice. We collect information when You use Your AfroAvenue account to sign in to other sites or services, and when You view web pages that include AfroAvenue plugins. AfroAvenue may provide reports containing aggregated impression information to companies hosting AfroAvenue plugins and similar technologies to help them measure AfroAvenue generated traffic to their websites.

Information contained within this website and associated websites may be supplied, whether directly or indirectly by third parties and AfroAvenue cannot warrant the content, accuracy or effectiveness of said information. Our Website and/or the Materials and Content may contain links to third party websites. If You decide to visit or access any third party site, or Platform Application You do so at Your own risk. AfroAvenue is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. AfroAvenue also does not screen, audit, or endorse Platform Applications. We are not responsible for the content, accuracy or opinions expressed in such websites. We do not guarantee the accuracy of pricing information on the Website, nor for the availability of such products/services from third parties. Your browsing and interaction on another website, including websites which have a link to our Website is subject to that website's own rules and policies. Our communications with You may contain information sourced from third party websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with You, or any use of personal data by such a third party. The inclusion of any link in our communications with You does not imply endorsement by us of the linked site. Views and opinions expressed in content submitted by Users are those of the individual submitting the material, not those of the AfroAvenue Team and we accept no responsibility for the content of such posts.

Accordingly, if You decide to use Third Party Sites or use Platform Applications, You do so at Your own risk and agree that Your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions, and that this Agreement does not apply to Your use of any Third Party Site or Developer Application. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources. If You revoke the permission granted to a Platform Application, Your connections may still be using the Platform Application, so the Platform Application may still have access to certain information about You, just as Your connections do.

Services that Sync with AfroAvenue.

We collect information when You sync non-AfroAvenue content – like Your email address book, mobile device contacts, or calendar – with Your account to improve Your experience and allow You and Your network to be better connected. Please note that Your AfroAvenue connections will also have access to Your email address. AfroAvenue makes other tools available to sync information with AfroAvenue, and may also develop additional features that allow members to use their AfroAvenue account in conjunction with other third-party services. AfroAvenue's products that sync with external email services will also temporarily cache message content for performance reasons; however, the cached message content will be temporarily cached in a way that is unreadable by AfroAvenue and its service providers.

Connections and Interactions with other AfroAvenue Members

AfroAvenue is not responsible for another members misuse or misappropriation of any content or information You post on AfroAvenue. You are solely responsible for Your interactions with other Members. AfroAvenue may limit the number of connections or followers You may have to other Members and may, in certain circumstances, prohibit You from contacting other members through use of the Services or otherwise limit Your use of the Services. AfroAvenue reserves the right, but has no obligation, to monitor disputes between You and other members and to restrict, suspend, or close Your account if AfroAvenue determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

Cookies

We use cookies and similar technologies, including mobile device identifiers, to help us recognize You, improve Your experience, increase security, measure use of our Services, and serve advertising. By visiting AfroAvenue, You consent to the placement of cookies and beacons in Your browser in accordance with our Terms and Conditions and Policies. Cookies enable us to identify Your device, and enable the functioning of many AfroAvenue features, including Your ability to log into Your account.

If You don't want to receive cookies, You can change Your browser settings. If You use AfroAvenue without changing Your browser settings, we'll assume that You are happy to receive all cookies on the AfroAvenue website. Please note that the AfroAvenue site may not work properly without cookies. AfroAvenue uses two types of cookies, persistent and session. Cookies may be set by AfroAvenue when You visit www.afroavenue.com, or they may be set by other websites or services who run content on the page You’re viewing (known as third-party cookies).

Advertising Technologies and Web Beacons

We target ads to You on and off AfroAvenue, based on information You included in Your profile and Your use of AfroAvenue using: Advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms both on and off AfroAvenue; Member-provided profile information and categories; Information inferred from a Member's profile; Your use of AfroAvenue or clicking on a AfroAvenue Ad; Information from advertising partners which we use to help deliver ads more relevant to You. We do not share personally identifiable information with any third-party advertiser or Ad network. AfroAvenue may show You sponsored content in Your Feed, which will be designated as sponsored content. If You take social action, Your action will be seen by Your network and other AfroAvenue Members who are shown the sponsored content after You have acted on it.

Log Files, IP Addresses, and Information About Your Computer and Mobile Device

When You visit or leave AfroAvenue by clicking a hyperlink or view a plugin on a third-party site, we automatically receive the URL of the site from which You came or the one to which You are directed. Advertisers receive the URL of the page that You are on when You click an Ad on AfroAvenue. We also receive the internet protocol ("IP") address of Your computer or the proxy server that You use to access the web, Your computer operating system details, Your type of web browser, Your mobile device including Your mobile device identifier provided by Your mobile device operating system, Your mobile operating system if You are accessing AfroAvenue using a mobile device, and the name of Your ISP or Your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that You have set up. We often introduce new features or have new partnerships or corporate acquisitions may result in new features, which may result in the collection of new or new types of information.

Payment

You will honor Your payment obligations. There may also be fees and taxes that are added to our prices. We don't guarantee refunds. If You purchase any services that we offer for a fee, either on a one-time or subscription basis ("Paid Services") You agree to pay the applicable fees for the Paid Services (including, without limitation, periodic fees for paid services accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of Your subscription. Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. AfroAvenue does not support all payment methods, currencies or locations for payment. If the payment method You use with us, reaches its expiration date and You do not edit Your payment method information or cancel Your account or such Paid Service, You authorize us to continue billing that payment method and You remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which You cancel Your subscription. All applicable taxes are calculated based on the billing information. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that AfroAvenue's Paid Services are subject to this Agreement and any additional terms conditions and policies related to the provision of the Paid Service. We can't guarantee refunds on any fees or charges related to Your Paid account, including partially used periods. All of Your Paid Services expire as soon as Your cancellation takes effect at the end of Your current billing cycle.

AfroAvenue Applications

AfroAvenue may offer the Services through applications. If You use a AfroAvenue Application or interact with a website that has deployed a plugin, You agree that information about You and Your use of the Services, including, but not limited to, Your device, Your mobile carrier, Your internet access provider, Your physical location, or web pages containing AfroAvenue plugins that load in Your browser may be communicated to us. By importing any of Your AfroAvenue data through the AfroAvenue Application, You represent that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your AfroAvenue account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing AfroAvenue through Your mobile access provider. By using any downloadable application to enable Your use of the Services, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

Termination and Rights to Access, Correct Your Information

You have a right to access, modify, correct, or delete Your personal information controlled by AfroAvenue regarding Your profile, change or remove Your content, and close Your account. If You close Your account, Your account and information will be de-personalized and any logs or other backup information will be deleted. You may terminate this Agreement, for any or no reason, at any time. AfroAvenue may terminate this Agreement and Your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Only AfroAvenue or the party paying for the services may terminate Your access to any Paid Services. Please note Your account may also be deleted due to prolonged inactivity. Upon termination, all licenses and other rights granted to You in these Terms and Conditions and any of our Policies will immediately cease. Information You have shared with others or that others have copied may also remain visible after You have closed Your account or deleted the information from Your own profile. In addition, You may not be able to access, correct, or eliminate any information about You that other Members copied or exported out of AfroAvenue, because this information may not be in our control. Your public profile may be displayed in search engine results until the search engine refreshes its cache. For up to 90 days after deletion it is still possible to restore Your account if it was accidentally or wrongfully deactivated. After 90 days, we begin the process of deleting Your account from our systems, which can take up to twenty four weeks. Accounts cannot be deleted automatically, to delete your account please email AfroAvenue at [email protected] expressing that you would like your account to be deleted and we will initiate the process of deleting your account.

Indemnity

You agree (and also any third party and our respective directors, officers, employees for whom You operate an account or activity on the Service) to compensate, defend us and applicable third parties in full from and against any claims, liabilities, losses, damages and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from (A) Your Content or Your access to or use of the Service; (B) Your failure or alleged failure to comply with this Agreement, including, without limitation, Your submission of content that violates third party rights or applicable laws. (C) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (D) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (E) any misrepresentation made by You. AfroAvenue retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases You agree to cooperate with us to defend such claim.

Arbitration

These Terms and Conditions And Policies are governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if You opt out of the agreement to arbitrate, You agree to resolve any dispute You have with AfroAvenue exclusively in a court located in the City of London in the United Kingdom, and to submit to the personal jurisdiction of the courts located in the City of London in the United Kingdom for the purpose of litigating all such disputes. You agree that all disputes between You and AfroAvenue (whether or not such dispute involves a third party) with regard to Your relationship with AfroAvenue, including without limitation disputes related to these Terms of Use, Your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under UK law for arbitration of consumer-related disputes and You and AfroAvenue hereby expressly waive trial by jury. You may alternatively bring Your claim in Your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on Your own behalf. Neither You nor AfroAvenue will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if AfroAvenue is a party to the proceeding. This dispute resolution provision will be governed by UK law. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You may opt out of this agreement to arbitrate. If You do so, neither You nor AfroAvenue can require the other to participate in an arbitration proceeding. To opt out, You must notify AfroAvenue in writing within 30 days of the date that You first became subject to this arbitration provision. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of Your relationship with AfroAvenue.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than £8,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final. You agree that any claim You may have arising out of or related to Your relationship with AfroAvenue must be filed within six months after such claim arose; otherwise, Your claim is permanently barred.

Governing Law & Location

AfroAvenue's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or policy or any other term or condition or policy. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any AfroAvenue Affiliate shall be deemed legally binding on any AfroAvenue Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of AfroAvenue. AfroAvenue reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of Your transactions with AfroAvenue. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way. Notwithstanding the above, You agree that AfroAvenue shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If You are a government entity using the Services in Your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to You. For such government entities, these Terms and any action related thereto will be governed by the laws of the United Kingdom (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the United Kingdom (excluding choice of law). The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AfroAvenue to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that AfroAvenue provides. Your use of AfroAvenue services, including our software, is subject to export and re-export control laws and regulations.

Disclaimers; Limitation of Liability

In no event will AfroAvenue’s total liability to You for all damages losses or causes or action exceed fifty Great British Pounds (GBP) (£50.00). AfroAvenue disclaim any express or implied warranties, including without limitation, non-infringement, merchantability, fitness for a particular purpose, accuracy of data and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided "As Is", "As Available", and "With All Faults". AfroAvenue do not warrant: (1) That the services, any of the services' functions or any content or software contained therein will be uninterrupted or error-free; (2) That defects will be corrected; (3) That the services or the servers hosting them are free of viruses or other harmful code; or (4) That the services or information available through the services will continue to be available. (5) AfroAvenue does not control or vet user generated content for accuracy. AfroAvenue will not be liable to You or anyone else from any loss or damages of any kind including without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages, or damages, or any loss of data, use, good-will in connection with or resulting from (A) Your access to or use of or inability to access or use the Services; (B) Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;(C) Any content obtained from the services; Or (D) Unauthorized access, use or alteration of Your transmissions or content; (D) For damages caused by any such interruption or errors in functioning. (E) For any malfunctioning, impossibility of access, or poor use conditions of the AfroAvenue site due to inappropriate equipment, disturbances related to the internet service providers, to the saturation of the internet network, and for any other reason.

The Services or Your user submissions, even if foreseeable or even if one or more of the AfroAvenue team has been advised of the possibility of such damages including without limitation whether caused in whole or in part by negligence, gross negligence or otherwise, but excluding willful misconduct unless specified in writing. AfroAvenue’s liability in connection with the services or Your user submissions for willful misconduct will not exceed the amount paid by You to AfroAvenue in the three months preceeding the claim.

You acknowledge and agree that if You incur any damages that arise out of AfroAvenue acts or omissions, the damages, if any are not irreparable and are not sufficient to entitle You to an injunction or other equitable relief restricting exploitation of any website, property, product, program, television show, motion picture, or other audio/visual content owned or controlled by AfroAvenue, including without limitation the services including those incorporating user submissions. By accessing or using the service You represent and warrant that Your activities are lawful in every jurisdiction where You access or use the internet. In addition, we neither warrant nor represent that Your use of the service will not infringe the rights of third parties. Any material service of technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. AfroAvenue does not have any obligation to verify the identity of the persons subscribing to its services by other users of the community; Therefore, AfroAvenue disclaims all liability for identity theft or any other misuse of Your identity or information by others. AfroAvenue shall not be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to You or any third person arising from Your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from AfroAvenue. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to You.

By accessing the service, You understand that You may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, You agree to waive the benefit of any law, including, to the extent applicable, that otherwise might limit Your waiver of such claims. You acknowledge that You have read and understand the benefit of any law, including, to the extent applicable, that otherwise might limit Your waiver of such claims. You Acknowledge that You have read and understand, and herby expressly waive, any law of any territory, or country which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if know by him must have materially affected his settlement with the debtor."

You can't assign Your rights under this Agreement, but we can. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, AfroAvenue for any third party that assumes our rights and obligations under this Agreement. You waive Your rights to try to stop AfroAvenue, but we don't waive our rights to ask a court to stop Your actions. In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. If You are dissatisfied or harmed by AfroAvenue or anything related to AfroAvenue, You may close Your AfroAvenue account and terminate this agreement, such termination shall be Your only and exclusive solution.

Entire Agreement

You agree that these Terms, Conditions and Polices constitutes the entire, complete and exclusive agreement between You and AfroAvenue regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Other than members of AfroAvenue no other person or company will be third party beneficiaries to the Terms, Conditions and Policies. We may be required by state or federal law to notify You of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to You via email. If You do not provide us with accurate information, we will not be responsible for failure to notify You.

We may revise these Terms and Condtions and Policies from time to time, if the revision, in our sole discretion, is material we will notify You via an AfroAvenue Page update or e-mail to the email associated with Your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms and Conditions. These Services are operated and provided by Novus Titan Holdings Ltd Level 16, Portomaso Business Tower, Portomaso, St Julians, STJ 4011, Malta C62655 and it’s associates and Subsidiary companies.

Having read the terms and conditions of this agreement, the user hereby agrees to be bound by the terms thereof, before proceeding to access this website and the information contained therein. The effective date of these Terms of Use is June 29, 2014. These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls and will govern Your relationship with AfroAvenue.

How To Contact Us

If You have questions or comments about this Agreement, please contact us online. Nothing in these Terms, Conditions and Policies shall be construed as creating a partnership, joint venture or agency relationship between You and AfroAvenue.

If AfroAvenue or any contractor of AfroAvenue is unable to perform any obligation under these User Terms, Conditions and Policies because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of AfroAvenue or the AfroAvenue contractor, neither AfroAvenue nor any AfroAvenue contractor will have any liability for that failure to perform.

These Terms, Conditions and Policies and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these Terms, Conditions and Policies (including non-contractual disputes or claims), although we reserve the right to bring proceedings against You for breach of these User Terms, Conditions and Policies in Your country of residence or any other relevant country.

Privacy Policy

This privacy policy sets out how AfroAvenue uses and protects any information that you give us when you use this website. Supplying information to us, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You acknowledge that information you provide on your profile can be seen by others and used by us as described in this Privacy Policy and our Terms and Conditions. If you have any hesitation about providing information to us and/or having your information displayed on the AfroAvenue website or otherwise used in any manner permitted in this Privacy Policy and our Terms and Conditions, you should not become a member of the AfroAvenue community and, if you are already a member, you should close your account. Our Privacy Policy applies to all visitors, users, and others who access the Service ("Users").

Security

Our security safeguards have been designed and implemented to protect the personal information that you provide in accordance with industry standards. To protect any data you store on our servers, we regularly monitor our system for possible vulnerabilities and attacks. However there is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards as the Internet is not a 100% secure environment. Please note that emails, instant messaging, and similar means of communication with other AfroAvenue Users are not encrypted. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the service, and that under no circumstances will AfroAvenue be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other content) posted to publicly accessible areas may remain publicly accessible indefinitely. You may choose to change or restrict the use of your personal information by altering your details and email settings. We retain information as long as it is necessary and relevant for our operations. We may also retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted by law.

Profile Information

When you create or reconfigure an AfroAvenue account, you provide some personal information. We may use your contact information to send you information about our Services or to market to you. We may use your contact information to help others find your AfroAvenue account, including through third-party services and client applications. We may later suggest people to follow on AfroAvenue based on your imported address book contacts. By providing email addresses or other information of non-Users to AfroAvenue, you represent that you have authority to do so. All information that you enter or upload about your contacts is covered by the User Agreement and this Privacy Policy and will enable us to provide customized services If you connect your AfroAvenue account to your account on another service in order to cross-post between AfroAvenue and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting and helps us improve the Services. AfroAvenue offers a “public profile” feature that allows Users to publish portions of their AfroAvenue profile to the public internet. This public profile will be crawled by and displayed through search engines when someone searches for your name. We also collect information when you interact with AfroAvenue customer service in order to accurately categorize and respond to customer inquiries and investigate breaches of our terms. AfroAvenue accounts are also defaulted to allow Users to be contacted to participate in polls, surveys and partner advertising. You may choose to provide us with access to certain personal information stored by such third party websites. The personal information we have access to varies by website and is controlled your by privacy settings on that website and your consent. If you choose to use the Facebook single-sign–on service or by associating an account managed by a third party with your AfroAvenue account. We will gain access, upon your explicit consent, to your basic profile information, such as your name, profile picture and list of friends and any other information notified to you by the third party prior to you completing the single-sign-on authorisation process. Your public User profile information and public posts may be searchable by search engines and are immediately delivered via SMS and our APIs to a wide range of users and services. You agree that AfroAvenue may collect, use and store information from these websites in accordance with our Privacy Policy and Terms and Conditions.

Collection and Use of Personal Information

We collect the following types of personal information in order to provide you with the use of and access to our sites, applications, services and tools, and to help us personalize and improve your experience. When you visit our sites, use our applications, services, and tools, or interact with our advertising or content, we automatically collect information sent to us by your computer, mobile device, or other access device. This information is associated with you personally only when You sign in as a registered user, and includes but is not limited to: device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, and standard web log information, anonymous information collected through our use cookies and web beacons. We collect and store any information you enter on our sites or you provide to us in context of using our sites, applications, services or tools. This may include, but is not limited to; information you provide us when registering for an account; transactional information based on your activities on the sites such as bidding, buying, selling, items and content you generate; shipping, billing and other information you provide to purchase or ship an item; additional personal information we ask you to submit to authenticate yourself or if we believe you are violating site policies e.g., we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list. Providing this information will always be optional for you. However, some services may not be available to you if you choose not to provide it. We have collected this information in order to provide the best possible service to you while you are visiting our sites. To this end we may use the information that you provide for the following purposes: To verify your identity if you need help with a forgotten password or you are having login problems with one of our site services. To process any transactions that you might make on our site. To help provide any other services that you have requested. To offer the most relevant information suitable to you and your interests. For any marketing, promotional, publicity, marketing or market research that we might undertake. For any other purposes for which you have given permission.

You agree that we may use your personal information to:

  • Provide you access to our sites and the services and to provide customer support that you request;
  • Prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and enforce our User Agreement;
  • Customize, measure and improve our services, content and advertising;
  • Contact you, either via email or telephone, to resolve disputes, collect fees, and troubleshoot problems with your account or our sites, services, applications or tools, or for other purposes authorized by law.
  • Contact you, either via email or telephone to inform you about our services and those of our corporate family, deliver targeted marketing, service updates, and promotional offers based on your communication preferences.
  • Compare information for accuracy, and verify it with third parties;
  • Contact you at any telephone number using auto-dialed or pre-recorded message calls or text (SMS) messages (if applicable) as authorized for the purposes described in this Privacy Policy
  • Provide you other services requested by you as described when we collect the information

We may also share your personal information with:

  • To provide joint content and services like transactions and customer support, to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches, and to guide decisions about their products, sites, applications, services and tools, and communications.
  • Service providers under contract who help with our business
  • Other AfroAvenue users, whether located in your country of residence or outside of your country of residence, as authorized by you or your use of our sites, services, applications or tools.
  • Other third parties to whom you explicitly ask us to send your information
  • Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other AfroAvenue user to legal liability. In such events, we will only disclose what we deem relevant to the investigation.
  • Credit bureaus with which we may report information about your account, including information on late payments, missed payments, or other defaults on your account may be reflected in your credit report.
  • Other business entities, should we plan to merge with or be acquired by that business entity.

Sharing Information with Third Parties

AfroAvenue does not sell, rent, or otherwise provide your personally identifiable information to third parties, except as described in this Policy and our Terms and Conditions. We will also not share other personal information not published to your profile or generated through engagement with other AfroAvenue services without your explicit consent or to carry out your instructions unless, disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of AfroAvenue, our Users or the public. We may pass your personal information to third parties to enable them to process a request, order or service; or to supply you with a prize in the event you win a competition or in order to obtain professional advice. We may provide anonymous, non-personally identifiable aggregate information to advertisers and our business partners, including information relating to sales and web-usage, to enable us to sell advertising and monitor the efficacy of our business partnerships. We may also pass such statistical information onto reputable third parties for onward sale. Any third parties employed by us to process your data on our behalf are subject to contractual obligations to protect the security of your data in accordance with the terms of this Privacy Policy.

Unless you delete it, your profile on AfroAvenue is always viewable on the AfroAvenue Services. By agreeing to this Privacy Policy, you are consenting to this sharing. AfroAvenue supports middleware providers that offer archiving solutions to firms subject to financial services regulation, which, with your permission, facilitate the archiving of your communications and other AfroAvenue activity by a third party for compliance purposes. Content distributed through AfroAvenue ’s sharing features and third-party integrations may result in displaying some of your personal information outside of AfroAvenue. Further, AfroAvenue allows third parties to look-up profile information (subject to your privacy settings) using your email address or first and last name information through its profile API. Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you provide to them.

Competitions, Polls and Surveys

All entrants must register for the relevant competition by giving their correct name and email address. All competitions are subject to their own terms and conditions. Polls and Surveys may be conducted by AfroAvenue, AfroAvenue Users or third parties. As a User, you may be invited to participate in polls and surveys from the AfroAvenue website. Your selection may be random, or it may be based on your non-personally identifiable information, such as job title, geography, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you. Some third parties may target advertisements to you on the results page based on your answers in the poll. AfroAvenue or third parties may follow up with you via AfroAvenue Mail regarding your participation. Upon registration for competitions or other online services you may, in some cases, be automatically opted-in to receive e-mail marketing, newsletters or partner promotions containing material relevant to the website on which you have registered your details. You will be specifically notified if this is the case and you may unsubscribe to receiving such marketing material at anytime by clicking on the e-mail unsubscribe link. We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personally identifiable information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive.

Deceased Accounts

In the event of the death of an AfroAvenue User please contact us. We will close an account if we receive a formal request from the User’s next of kin or other proper legal request to do so. We will usually conduct our communication via email, should we require any other information, we will contact you at the email address you have provided in your request.

Accessing and updating your personal information

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. We may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Privacy Violation Reporting

If someone has posted your personal information or uploaded a video of you without your consent, start by contacting the user and asking them to remove the content. If you can’t reach an agreement with the uploader of the content, you can request removal of content based on our Privacy Policy Conditions. For content to be considered for removal, an individual must be uniquely identifiable. We consider the following factors, your image or voice, Full name, Financial information, Contact information, Other personally identifiable information to determine whether a User is uniquely identifiable. We also consider public interest, newsworthiness, and consent as factors in our final decision. AfroAvenue reserves the right to make the final determination of whether a violation of its privacy guidelines has occurred. To be considered uniquely identifiable, there must be enough information in the media content that allows others to recognize you. If a privacy complaint is filed, AfroAvenue provides the uploader an opportunity to remove or edit the private information within their video. We issue notification of the potential violation and provide the uploader 48 hours to take action on the complaint. If the uploader removes the content during these 48 hours, the complaint filed will be closed. If the potential privacy violation remains on the site after 48 hours, the AfroAvenue Team will then review the complaint.

We do not accept claims on behalf of third parties except in the following situations:

  • The individual whose privacy is being violated does not have access to a computer
  • The individual whose privacy is being violated is a vulnerable individual
  • You are the parent or legal guardian of the individual whose privacy is being violated
  • You act as a legal representative for the individual whose privacy is being violated

We will not accept privacy complaints filed on behalf of:

  • Other family members
  • Co-workers or employees
  • A company

Receiving notice of a privacy violation

AfroAvenue provides you, the uploader, an opportunity to remove or edit the private information within your video. We email you about the potential violation and allow you 48 hours to take action on the complaint. If you remove the alleged violation from the site within the 48 hours, the complaint filed will then be closed. If the potential privacy violation remains on the site after 48 hours, the complaint will be reviewed by the AfroAvenue Team. If we remove your content for a privacy violation, please do not upload another version featuring the same people. These individuals will likely file another privacy complaint or report you for harassment. We suspend accounts that violate people's privacy. We cannot accept or review agreements granting consent before the video was uploaded, so we may still have to remove your video based upon the complaint. Content that makes threats of serious physical harm against a specific individual or defined group of individuals will be removed. People who threaten others may receive a strike on their account and their account may be terminated. If you feel you've had a serious violent threat made against you, please contact local Law Enforcement. We will remove comments, videos or posts where the main aim is to maliciously harass or attack another user. Accounts that are dedicated to harassing a particular user or the community at large will be terminated.

Transfer of Ownership

In the event that AfroAvenue is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity. If there is a change in control or sale of all or part of AfroAvenue, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy. We may also disclose your personal information to a third party as part of a sale of the assets of AfroAvenue, a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which AfroAvenue transfers or sells AfroAvenue ’s assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.

Changes to this Privacy Policy

AfroAvenue keeps this privacy policy under review and may update it at any time. with or without advance notice. If you object to any of the changes to our terms, and you no longer wish to use AfroAvenue, you may close your account. Using AfroAvenue after a notice of changes has been communicated to you or published on our Service shall constitute consent to the changed terms or practices.

AfroAvenue is registered as a data controller under the Data Protection Act. In accordance with the Data Protection Act 1998 you are entitled to request details of the personal information we hold about you. We may have to charge a fee for complying with your request. If you become aware that the personal information we hold about you is inaccurate, you may request that we amend it. Any requests should be made in writing to us at [email protected].

If you have any questions, comments, or concerns about this privacy policy, please don't hesitate to contact us on [email protected]. It may take from six to eight weeks to respond to your email, so please use our FAQs to try and answer your question.

Cookies

A cookie is a small file that resides on your computer and is recognised by our server when you visit our sites. A cookie does not provide us with any personally identifiable information. It does provide details of your IP address, the computer platform that you use, the browser that you use and what domain you are accessing our sites from. With this information we can do the following:

  • Track traffic patterns to our site.
  • Ensure that the most relevant content is being shown.
  • Allow you to enter certain site member services without having to log in each time you visit.

If you would rather we did not use cookies with you, you can refuse them by turning them off in your browser and/or deleting them from your hard drive. You will still be able to visit our sites. This Privacy Policy only relates to our sites. You should be aware that we are not responsible for the practices of our advertisers or business partners. Our site may contain links to other sites. You should check their privacy policies before providing personally identifiable information to them or any other third party.

Disclosure of member information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content infringes the rights of others, or protect anyone's rights, property, or safety. We may also share your personal information with Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and customer support). Law enforcement agencies, other governmental agencies or third parties in response to a request for information (such as a Section 29 (3) Data Protection Act 1998 form) relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other AfroAvenue user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant. AfroAvenue users in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity, as we in our sole discretion believe necessary or appropriate, either under confidentiality agreement or as required by law. In such circumstances, we may disclose name, street address, city, county, postcode, country, phone number, email address and company name. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from those who attempt to carry out fraudulent or illegal activities on the site, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Modification To The Service

We reserve the right to modify or discontinue the service if there is a change in the law or our operational requirements. We will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control if we give you at least 10 days notice. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can.

If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement. We reserve the right to change this policy at any time. We will notify site users of any changes to the Privacy Policy.

AfroAvenue Copyright Policy

This Website and all its contents and information are the property of AfroAvenue and are protected by the copyright and trademark laws of the United Kingdom, United States, and other countries. All rights reserved. Reproduction of all or any part of the contents in any form is prohibited. No part of the site may be distributed or copied for any commercial purpose without express written approval by AfroAvenue. Regardless of whether AfroAvenue may be liable for any alleged violation of rights or inaccurate or unlawful content. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by AfroAvenue or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. This Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.

Trademark Information

www.afroavenue.com graphics, logos, page headers, button icons, strap lines, and service names are trademarks and product and service names are trademarks of AfroAvenue.  Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

How to file a Copyright Complaint

Pursuant to the Digital Millennium Copyright Act AfroAvenue has implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that a copyright has been infringed or is inaccurate or unlawful, and you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site, by emailing us at [email protected] upon receipt of your notice AfroAvenue will take whatever action, in its sole discretion, it deems appropriate. When reporting a possible copyright infringement please provide us with the following information shown below:

  • Your full legal name, your electronic or physical signature of the copyright owner or a person authorized to act on their behalf, Email address, mailing address, telephone number.
  • A description of the copyrighted material that you claim has been infringed.
  • A description of the location of the material that you claim is infringing and information sufficient to permit us to locate the material, including if applicable, the URL of the link shown on the Site where such material may be found.
  • Include both of the following statements in the body of the Notice:
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, is accurate under penalty of perjury and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability.

Please submit your notice to AfroAvenues Copyright Agent by email at [email protected]

Receiving a Copyright Complaint notification

If you receive a notification that Your Content has been removed due to a copyright complaint, it means that the Content has been deleted from AfroAvenue at the request of the content's owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, AfroAvenue will also terminate a User’s account who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content. If you believe the notice of Copyright infringement was submitted in error against you or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you have the option to file a counter-notice by using the steps below:

  • Email your counter-notice to [email protected].
  • Your full legal name, your electronic or physical signature of the copyright owner or a person authorized to act on their behalf, Email address, mailing address, telephone number.
  • The URL address of the Content that was removed or to which access has been disabled (copy and paste the link in the notification email).
  • Include both of the following statements in the body of the Notice:
    • A statement by you under penalty of perjury that you have a good faith belief that the content was removed in error or that the material was misidentified; and
    • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which for any judicial district in which AfroAvenue may be found and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
  • When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.
  • There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

Please submit your Counter-Notice to AfroAvenues Copyright Agent via email to [email protected]. Any assertions made by you in submitting this form are under penalty of perjury.

AfroAvenue Digital Advertising Terms & Conditions

This document creates a binding contract between you and AfroAvenue ("AfroAvenue" or "us" or "we"). These terms and conditions define and limit your rights and responsibilities in using AfroAvenue Ads. We may revise these terms and conditions (the "Agreement") at any time by posting them to the site. The guidelines shown below represent an overview of minimally-acceptable standards for advertising through AfroAvenue Ads - AfroAvenue determines the professionalism and appropriateness of any advertisement on the site, and reserves the right to take appropriate action against any advertisement deemed unsuitable for the site. In addition to this Agreement, all our other Terms and Conditions and Policies, applies to your use of the AfroAvenue Ads service. To the extent there is any conflict between this Agreement and any of the provisions in the standard AfroAvenue Terms and Conditions Agreement with respect to your use of the AfroAvenue Ads service, this Agreement shall control but only to extent of such conflict. AfroAvenue is not a site for an advertiser to spam large numbers of our Users with unprofessional or unsavory advertising. Any ad that violates ANY of the Terms and Conditions will be removed from the system (and further action may be taken).

You may only advertise for yourself or your current employer or, if you are an advertising agency, for your client. You warrant and represent that you have the power and authority to enter into this Agreement and perform the obligations hereunder and that you are personally responsible for any charges incurred through your account. Use of any automated agents ("bots"), scripts or other devices or means to purchase advertising through AfroAvenue Ads is prohibited without AfroAvenue's express written permission in each instance. You may not resell or transfer access to AfroAvenue Ads to any other party. Your account is for your express use only and not transferable or assignable to anyone else inside or outside your organization.

No agency, partnership, joint venture, or employment relationship is created between you and AfroAvenue by this Agreement or any advertisement transaction, and neither party shall have the authority to bind the other in any way. This constitutes the entire agreement by and between you and AfroAvenue with respect to the subject matter hereof and supersedes all prior agreements, understandings, representations or negotiations, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Advertising Guidelines

  • You agree not to use AfroAvenue Ads service for any unlawful purpose, including, without limitation, advertising any product or service that would violate any federal, state, local or foreign laws, regulations, administrative or judicial order.
  • AfroAvenue has the editorial discretion to reject or cease serving any advertisement for any reason at any time, regardless of whether or not such advertisement was previously accepted or served.
  • You represent and warrant that you have the right to permit AfroAvenue to serve the advertisement, including, without limitation, any copyrighted material, trademarks, service marks, logos or slogans; and the use, transmission or display by AfroAvenue of the advertisement as authorized herein will not violate the rights of any third parties.
  • Your product or service must accurately match the text of your ad.
  • Do not make deceptive or inaccurate claims about competitive products or services.
  • Do not advertise prices or offers that are inaccurate - any advertised discount, offer, or price must be easily discoverable from the Destination URL of your ad.
  • Do not imply affiliation with AfroAvenue (or any other unaffiliated products or services).
  • Affiliate ads and related programs are not allowed to advertise using AfroAvenue Ads
  • Do not use excessive capitalization in your ad. With the exception of valid acronyms, words should never be fully capitalized in your ad.
  • Do not use excessive or inappropriate punctuation in your ad. Do not repeat punctuation and do not use more than a single exclamation point in your ad.
  • Do not use any symbols (i.e. *, @) in a manner that differs from its standard meaning. Do not use a symbol in replacement of a letter.
  • Do not repeat words or phrases in your ad.
  • Please use correct spelling and grammar in the text of your ad.
  • Do not use inappropriate or unprofessional language in your ad.
  • Do not use language that could be considered offensive by any viewer of your ad.
  • AfroAvenue is the sole judge of the appropriateness of any words or phrases in your advertisement.
  • The domain of your Display URL must match the domain of your Destination URL.
  • Do not deceive, confuse Users who click on your ad. All Users must be sent to the same destination URL and landing page from a click on your ad
  • Do not send Users to a landing page that generates a pop-up
  • The landing page must allow users to use the browser's 'Back' button and return to the page that the ad was displayed on if a new page does not automatically open to the display the ad when it is clicked on.

Trademarks: Do not use trademarks that you are not permitted to use

  • Your ad must not include any text that may be deemed as infringing upon the trademarks of other parties unless express permission has been granted by the trademark owner
  • Any ad found to be infringing on the trademark of a complainant will be removed from AfroAvenue.
  • Do not refer to AfroAvenue (the corporation, brand, or site) in your ad.

Content: AfroAvenue Ads does not allow advertising related to any of the following:

  • Illegal products or services of any kind
  • Tobacco products or cigarettes
  • Prescription pharmaceuticals
  • Weapons, firearms, ammunition, or any other violent products or services
  • Sexual or adult content
  • Illegal downloads of software, media, or other copyrighted content
  • Hate or violent text advocating against any individual, group, or organization
  • Bulk marketing products
  • Multi-level Marketing programs, scams, or pyramid schemes
  • Inflammatory religious content
  • Inflammatory political content
  • Skin Lightening Products

Data Collection

Do not use an ad to facilitate collection of a User's data, including:

  • Demographic or Usage data:
  • Usernames or passwords from the User for use on AfroAvenue or any other site
  • Phishing or other scamming tactics to collect sensitive personal information

Targeting

AfroAvenue Ads advertisements will be shown to AfroAvenue Users based on non-personally identifiable profile data of the viewing Users. This profile data is either provided by the User or algorithmically determined by data provided by the User. AfroAvenue does not verify the accuracy of User-generated content on the site and, as such, is not liable for any advertisement that was shown to Users based on inaccurate profile data or data algorithmically generated. User profile data will never be provided to you through your use of AfroAvenue Ads, and you agree that you will not attempt to acquire any such User profile data through any means. Users viewing your advertisement will remain anonymous to you.

Payment

You agree to pay for all fees you incur in connection with each advertisement including any advertisements placed by you on behalf of your employer and regardless of the payment instrument used. Your fees will be owed in the currency indicated by us. Our measurements are the definitive measurements under these terms and conditions for calculating your fees, whether you have elected to pay by impressions or clicks. You also are responsible for paying (a) all taxes and government charges that we must levy on your fees for advertising, and (b) reasonable expenses and attorneys fees we incur collecting late amounts. Amounts you pay pursuant to the Ads service are non-refundable.

Cancellation

You may cancel your advertisement at any time after its submission by accessing the online Ads service and following the cancellation instructions provided. AfroAvenue will endeavor to cease serving your advertisement promptly following your cancellation. You shall be required to pay for those impressions and/or clicks, as applicable, which occur prior to discontinuation of your advertisement. AfroAvenue reserves the unilateral right to remove any or all active ads if there is an amount owed under that is past due by more than fifteen (15) days.

Removal of Advertisements by AfroAvenue

AfroAvenue reserves the right to remove any advertisement at any time, with cause due to a violation of this Agreement, or any other agreement between you and AfroAvenue. As a consequence of your violation of any of the aforementioned agreements, AfroAvenue may, at its sole discretion, prohibit you from any further participation in the AfroAvenue Ads service and any other service or program offered by AfroAvenue, or suspend or remove your AfroAvenue account. AfroAvenue may undertake technical measures in furtherance of such prohibition. AfroAvenue shall also have the right to remove any advertisement at any time without cause as AfroAvenue determines in its sole discretion. AfroAvenue is not required to provide you with any explanation for its removal of any advertising and you agree that all of AfroAvenue decisions relating to the placement and removal of advertising shall be final and binding. In addition, your advertisements may be removed if AfroAvenue, in its discretion, ceases offering the Ads program. In the event of any removal of your advertising under this section, you will be responsible for paying for all ads that ran prior to time of removal or cessation.

No Guarantees

AfroAvenue does not guarantee the results or distribution of any advertisement in any manner. AfroAvenue does not guarantee you any number of impressions or clicks through AfroAvenue Ads. AfroAvenue provides no guarantee or warranty regarding the placement, delivery, timing, or performance of advertisements purchased through AfroAvenue Ads. AfroAvenue does not screen or attempt to verify the accuracy of any information on the AfroAvenue site or in the User profiles, and, as such, does not guarantee the identity or personal information of the individuals who will view the advertisements you purchase through AfroAvenue Ads.

Non-Exclusive

This contract is not exclusive as to your business, products or services. AfroAvenue retains the complete and unqualified right to solicit the business of and advertisements from persons and entities that may be in competition with your business, products or services, as well as to serve its own advertisements that may be in competition with your business, products or services. You acknowledge that AfroAvenue and its affiliates may participate in ad placing auctions to promote its own services or otherwise communicate to its users.

Ownership

All materials and information on or available through the AfroAvenue Ads service, including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to AfroAvenue (collectively, "AfroAvenue Intellectual Property Rights"). You may not add, delete, distort, or otherwise modify the AfroAvenue Intellectual Property Rights, except with the express consent of AfroAvenue. Any unauthorized attempt to modify any AfroAvenue Intellectual Property Rights, to defeat or circumvent our security features, or to utilize the AfroAvenue Ads service or any part of the AfroAvenue Intellectual Property Rights for any purpose other than its intended purposes, is strictly prohibited. You agree that you do not have nor will you make any claim of interest in or ownership of any such AfroAvenue Intellectual Property Rights. You are granting AfroAvenue a non-exclusive, fully paid up and royalty-free right to use, reproduce, and distribute any content you create, including the content of your advertisement for use in connection with the AfroAvenue Ads service. You are also, by creating an advertisement, granting AfroAvenue a non-exclusive, fully paid up and royalty-free right to use, reproduce, and communicate the name and trademarks of your organization as an advertiser on AfroAvenue, unless requested otherwise in writing to AfroAvenue's customer service department. AfroAvenue shall also have the non-exclusive, fully-paid up and royalty free, perpetual right to use any advertisements placed through the AfroAvenue Ads service, and the name, trademarks and logos of any person or company on whose behalf a placement has been made, in connection with AfroAvenue's promotion of the service.

Contact Us

If You have questions or comments about this Agreement, please contact us online. Nothing in these Terms, Conditions, and Policies shall be construed as creating a partnership, joint venture, or agency relationship between You and AfroAvenue.
If AfroAvenue or any contractor of AfroAvenue is unable to perform any obligation under these User Terms, Conditions, and Policies because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of AfroAvenue or the AfroAvenue contractor, neither AfroAvenue nor any AfroAvenue contractor will have any liability for that failure to perform.

These Terms, Conditions and Policies and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these Terms, Conditions and Policies (including non-contractual disputes or claims), although we reserve the right to bring proceedings against You for breach of these User Terms, Conditions and Policies in Your country of residence or any other relevant country.