AFRICAN FASHION 4 U ~ SELLERS TERMS AND AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, ACCESSING, OR PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY PART OF THE AFRICAN FASHION 4 U WEBSITE OR SERVICES, THE AFRICAN FASHION 4 U AFFILIATE PROGRAM, OR THE AFRICAN FASHION 4 U MOBILE APPLICATION.
This African Fashion 4 U Seller Agreement (this “Agreement”) is a legal document made by and between African Fashion 4 U .com (“African Fashion 4 U” or “Us” or “We”), and you, as a seller participating in the African Fashion 4 U network and associated services (“Seller,” “Vendor,” or “You”) and its related services, including any purchases made through the African Fashion 4 U platform or Affiliate Program (the “Website”) and the African Fashion 4 U Mobile Application (as applicable and if available) and its services (the “Application”) (collectively the Website and the Application are referred to as the “Services”). The Services are owned and operated by ( …..) (“African Fashion 4 U,” or “us,” or “we”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE African Fashion 4 U NETWORK AND SERVICES. By signing up for the African Fashion 4 U network and services, You indicate your acceptance of the terms and conditions set forth in this Agreement. If you do not accept this Agreement, do not register for or continue use of the African Fashion 4 U network or services. Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
- Definitions. The following is a list of defined terms used throughout this Agreement.
- Affiliate. An “Affiliate” is an individual or entity that registers with African Fashion 4 U and agrees to display Links (hereinafter defined) and otherwise market products or services for Sellers (hereinafter defined) in order to generate approved sales by such Sellers, in exchange for commissions.
- Insertion Order. An “Insertion Order” is the form describing the particular specifications by which a Seller is willing to allow an Affiliate to market its products or services. Insertion Orders may specify types of media used (e.g., Links or banner ads), details of approved sales, and commissions available for such approved sales. Insertion Orders may appear under a Seller’s page in the Product Library or may be supplied separately to an Affiliate.
- Link. A “Link” is a hyperlink placed by an Affiliate that, when clicked on, serves the Seller’s website to the internet user’s browser. The Link may be in the form of text, a product image, a button, a banner, or any other format acceptable to the Seller and defined in an applicable Insertion Order.
- Product Library. The “Product Library” is the section of the African Fashion 4 U.com website where Sellers list the products or services for which they are willing to enter into an arrangement with an Affiliate for purposes of allowing that Affiliate to post Links and otherwise market the Seller’s products or services.
- Seller. A “Seller” is an individual or entity that registers with African Fashion 4 U and agrees to pay a commission for approved sales to a customer or user generated by an Affiliate registered with African Fashion 4 U. A Seller may also be referred to as a “Vendor.”
African Fashion 4 U operates a platform whereby sellers can offer their products or services, affiliates can market the products or services for the sellers, and customers can purchase the products or services from the sellers. If a customer purchases a product or service from a seller, the resulting agreement is solely between the customer and the seller and not with African Fashion 4 U. The seller, and not African Fashion 4 U, is responsible for the creation, sale, fulfilment, and shipping (if applicable) of any product or service. Any disputes between customer and seller must be resolved between seller and customer. The terms of customer’s purchase of products or services from seller are subject to all terms and conditions contained on the order page, in addition to any terms disclosed by seller.
Sellers and Affiliates are also subject to the applicable Seller Agreement or Affiliate Agreement.
African Fashion 4 U does not guarantee that any user of the Services will achieve any particular results of any kind through the use of the Services or any products or services sold by any seller through the Services.
As part of the Affiliate Program and the service offered on the Site, African Fashion 4 U may publish ratings for the Affiliates and/or the Sellers participating in the Affiliate Program, based on information supplied by the Affiliate or the Seller during the registration process and on information relating to sales performance for such Affiliate or Seller. Such ratings are based on criteria chosen by African Fashion 4 U, in its sole discretion. You acknowledge and agree that African Fashion 4 U has the right to evaluate information relating to you and to publish on the Site the ratings for you, based on the criteria, information, and methods African Fashion 4 U chooses, in its sole discretion. In no event does African Fashion 4 U warrant or guarantee correctness, comprehensiveness, completeness, accuracy, timeliness, or fitness for a particular use or purpose of any ratings on the Site, nor does African Fashion 4 U warrant or guarantee any results or performance based on any particular ratings. Such ratings are provided solely as a tool to aid Affiliates and Sellers in their decision about who they would like to work. You are solely responsible for investigating and determining the Affiliates with which you choose to work and for the consequences of such determination. In no way shall any rating be deemed an endorsement by African Fashion 4 U of any particular Affiliate.
REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION
In order to register as a Seller with African Fashion 4 U and to participate in the Affiliate Program, You must be at least eighteen (18) years of age and must register and create an account by completing the registration process found on the site. All information must be as accurate as possible as prompted by the registration form, including contact information, a username, and acceptable password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You must comply with all the requirements for creating a valid Payment Processing Account (hereinafter defined) and linking that account with the African Fashion 4 U payment system, as detailed in the following section. African Fashion 4 U reserves the right, in its sole and absolute discretion, to (i) deny any person or entity the right to register with African Fashion 4 U or participate in the Affiliate Program and/or (ii) terminate any person or entity’s participation in the Affiliate Program at any time.
As part of the registration process, you will select a username and password combination that you use to access your account within the Affiliate Program (Your “African Fashion 4 U Account”). You shall provide African Fashion 4 U with accurate, complete and updated registration information. You may not select the name of another person or entity with the intent of impersonating that person or entity or deceiving Affiliates, other Sellers or other users as to your true identity. You agree that African Fashion 4 U may rely on any data, information, notice or request furnished to African Fashion 4 U by You that is reasonably believed by African Fashion 4 U to be genuine and to have been sent or presented by a person reasonably believed by African Fashion 4 U to be authorized to act on your behalf. You shall notify African Fashion 4 U by e-mail sent to the following address of any known or suspected unauthorized uses of your African Fashion 4 U Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username or password: support (at) African Fashion 4 U.com. You are solely responsible for maintaining the confidentiality of Your username and password and are solely responsible for all usage and activity on or through your African Fashion 4 U Account, including use of your African Fashion 4 U Account by a third party authorized by you. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your African Fashion 4 U Account by African Fashion 4 U, in its sole and absolute discretion, and referral to the appropriate law enforcement agencies.
You agree to notify African Fashion 4 U immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
African Fashion 4 U reserves the right to send e-mails to you at the e-mail address you provide and to otherwise communicate with you for purposes related to the Affiliate Program, including, but not limited to, informing you of applicable changes or additions to the Affiliate Program, the Site or this Agreement.
- Refusal of Service.African Fashion 4 U reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by African Fashion 4 U in its sole discretion.
African Fashion 4 U reserves the right to refuse or prohibit Seller from promoting or selling any website, product, or service through the Affiliate Program in African Fashion 4 U. You may not use the Affiliate Program to advertise, sell, or link to any websites, products, or services that contain, promote, or engage in any of the following, in African Fashion 4 U’s sole discretion:
- X-rated or sexually explicit materials;
- Violence or discord;
- Discrimination based on race, religion, nationality, disability, sexual orientation or age;
- Any illegal activity, including hacking;
- The violation of intellectual property rights; or
- The violation of any other terms or guidelines posted by African Fashion 4 U on the Site or in any part of the Affiliate Program.
You may not use the Affiliate Program to advertise, sell, or link to any websites, products, or services that contain, promote, or engage in any of the following, in African Fashion 4 U’s sole discretion:
- X-rated or sexually explicit materials;
- Violence or discord;
- Payment Processing Account. In order to operate as a Seller on the African Fashion 4 U platform, You must register and create an account with a African Fashion 4 U supported payment processor (Your “Payment Processing Account”), which includes supplying all information required by such supported payment processor. You are responsible for complying with all requirements for registration with such supported payment processor and for otherwise complying with all applicable terms and conditions located on the supported payment processor’s website. In addition, You must complete the necessary processes in order to properly link Your Payment Processing Account to the African Fashion 4 U payment system. Failure to properly link Your Payment Processing Account to the African Fashion 4 U payment system may be grounds for termination of Your African Fashion 4 U Account and Your participation in the Affiliate Program, as African Fashion 4 U determines in its sole and absolute discretion.
In no event shall African Fashion 4 U be responsible for ensuring proper registration with your payment processor, proper linking to the African Fashion 4 U payment system or proper payment of any sums under this Agreement. All payments through the Affiliate Program are required to be processed through a African Fashion 4 U supported payment processor, using your Payment Processing Account, and are subject to all terms and conditions provided on the supported payment processor’s website. You are solely responsible for ensuring proper receipt of payments. In no event does African Fashion 4 U make any representations or warranties of any kind relating to the supported payment processor’s website, Your Payment Processing Account, or any payments through such account; nor is African Fashion 4 U liable in any way for any error or omission on the part of any African Fashion 4 U supported payment processor.
If you as a Seller make any purchases on the African Fashion 4 U platform, you must agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars ($).
- Information Submission and Age Restriction.By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. African Fashion 4 U does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
Data Importation. The Services may allow you to import data from a source created by other another program not affiliated with African Fashion 4 U. If you choose to import content into the Services from any other source, you represent that you have the authority to import that content and that your importation of that content does not violate the rights or terms of any third-parties.
- Prohibited Websites, Content, Products, and Services.
- Discrimination based on race, religion, nationality, disability, sexual orientation or age;
- Any illegal activity, including hacking;
- The violation of intellectual property rights; or
- The violation of any other terms or guidelines posted by African Fashion 4 U on the Site or in any part of the Affiliate Program.
African Fashion 4 U reserves the right to refuse to prohibit Seller from promoting or selling any website, product, or service through the Affiliate Program in African Fashion 4 U’s sole discretion.
- Licenses and Intellectual Property. You hereby grant to Us a worldwide, nonexclusive, limited, revocable right to use and display on the Site and make available to Our Affiliates for use and display the Links, advertisements and trademarks that You choose to display with African Fashion 4 U.
We grant You a nonexclusive, non-transferable, revocable, limited license to access and make use of the Site, software and material provided thereon in order to post Your Links, advertisements and related materials; provided that You fully comply with this Agreement.
In addition, the registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin (collectively, “Trademarks”) of African Fashion 4 U may not be used in connection with any business, product, or service whose source is not African Fashion 4 U, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits African Fashion 4 U or any of its Affiliates. All other Trademarks not owned by African Fashion 4 U that appear on the Site are the property of their respective owners, who may or may not be affiliates with, connected to, or sponsored by African Fashion 4 U. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademarks of African Fashion 4 U or its Affiliates displayed or contained in the Site without the express, written consent of African Fashion 4 U or its Affiliates.
All content on the Site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, and the compilation of all content on the Site, as well as all software used on the Site, is the property of African Fashion 4 U, its Affiliates, or its Sellers, and is protected by United States and international copyright laws. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Site without the express, written consent of African Fashion 4 U.
- Trademark Use. Notwithstanding the foregoing, You shall ensure proper use of the African Fashion 4 U Trademarks. You shall properly identify any African Fashion 4 U Trademarks, including by using the registered symbol, ®, where appropriate, and You shall not change or distort the colour, sizing, or other design features of any African Fashion 4 U Trademarks, only using the African Fashion 4 U Trademarks as provided by African Fashion 4 U. The list of acceptable African Fashion 4 U Trademarks, along with applicable specifications, can be found here: https://www.African Fashion 4 U.com/logos. You shall not combine the African Fashion 4 U Trademarks with any other logos, words, graphics, symbols, or other Trademarks. Further, You shall not use the African Fashion 4 U Trademarks in any way that falsely implies any sponsorship, affiliation, or endorsement of You by African Fashion 4 U. Whenever You use the African Fashion 4 U Trademarks, You shall also display in the primary and more prominent position Your own logo, company name, and related Trademarks. African Fashion 4 U reserves the right, in its sole discretion, to modify or terminate Your use of the African Fashion 4 U Trademarks at any time and for any reason, including for failure to comply with these Trademark use requirements.
7. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
African Fashion 4 U reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
- PROPRIETARY RIGHTS
Except as expressly provided for in the non-exclusive license contained in Section X below, African Fashion 4 U expressly reserves all right, title, and interest in and to the Services and the Services’ content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
- African Fashion 4 U Commission Fee. African Fashion 4 U will charge a commission fee of 3% of the gross selling price on each product or service sold by a Seller through the Affiliate Network. Mindless Paypal; Stripe and African Fashion 4 U.com are all entities affiliated with us and payment of the commission fee to African Fashion 4 U may be reflected on your account information as a payment to any of the foregoing entities.
- Product Library and Insertion Orders. Once you have registered for the Affiliate Program, You are free to list as many of your products or services in the Product Library for which you would like to have Affiliates post Links and otherwise advertise. For each listing, you are free to determine the types of advertisements you would like Affiliates to use (including Links, banner ads, and other advertising materials), the kinds of media in which your approved advertisements can appear, and how much of a commission fee per completed sale will be paid to an Affiliate for advertising such product or service. You must provide this information through an Insertion Order, which you and the Affiliate or Affiliates of Your choosing must sign.
- Affiliate Commission Fee. An Affiliate with whom you have approved to sell your products or services through your program will be entitled to receive its agreed-upon commission fee for each completed sale that it sends to you through the Links or materials it posts in the approved media. In order to receive such fee for a completed sale, a customer or user must complete an order form on the Seller’s checkout page for the relevant product or service, must complete the relevant form on Your selected African Fashion 4 U supported payment processor’s website, and must remit full payment for the product or service ordered from You. For each order that completes the preceding process, Affiliate will receive the agreed upon fee, and You agree to allow Your selected African Fashion 4 U supported payment processor to provide such commission fee for each such completed sale.
- Delayed Affiliate Fee. As a Seller, You may have the option through Your African Fashion 4 U Account to elect a delayed payment plan for any commission fees to an Affiliate. Before You can elect to use a delayed payment plan, You must first provide African Fashion 4 U with Your valid credit card information. If You are an existing Seller electing to use a delayed payment plan for the first time, You will be required to provide Your valid credit card information before you can re-access Your African Fashion 4 U Account. By electing such a delayed payment plan and providing Your credit card information to African Fashion 4 U, You represent and warrant that the information You provide is valid, accurate, and complete, and You specifically authorize African Fashion 4 U to use such credit card information to secure payment for any commission fees or other amounts owed by You to African Fashion 4 U. You shall notify African Fashion 4 U immediately of any changes to the credit card information You supply. Failure to provide valid, accurate, and complete credit card information or to notify African Fashion 4 U of any changes to that information will cause You to lose eligibility for any delayed payment plan, in addition to any other remedies available to African Fashion 4 U.
- Taxes and Related Charges. You are solely responsible for ensuring the collection and payment of any and all applicable state, local, or other taxes or related charges arising from any customer purchasing Your products or services. You agree to indemnify Us from any liability connected with the same.
- SPAM. SPAM, OR UNSOLICITED COMMERCIAL E-MAIL, IS ABSOLUTELY PROHIBITED. We will terminate Your Account and immediately dismiss you from the Affiliate Program if We determine that You have sent SPAM or Unsolicited Commercial E-mail, whether in connection with the Affiliate Program or otherwise, and You will not be entitled to any payment or reimbursement for funds remaining in Your Payment Processing Account. Further, you agree to comply with all U.S. state and federal SPAM laws, including, but not limited to, the Federal CAN-SPAM Act of 2003 and any rules or regulations promulgated by any Federal Trade Commission or any other federal agency thereunder. You also agree to indemnify Us from any liability connected with SPAM or unsolicited e-mail transmissions by You or connected to You.
- Inactive Accounts. African Fashion 4 U reserves the right, in its sole and absolute discretion, to terminate Your African Fashion 4 U Account if it is left inactive for more than six (6) months and to remove the same from the Site. An “inactive” account is one for which both of the following are true for at least six (6) months: (i) no one has logged into the account and (ii) no one has used the account for any transactions with Affiliates.
- Seller Content. You represent that all content, data, or information You provide to African Fashion 4 U or post on the Site is solely owned by you or provided by You with the express authority of the person or entity You represent; does not infringe upon any other individual’s or entity’s rights (including, without limitation, intellectual property rights); and is not defamatory, libellous, unlawful, or otherwise objectionable. You shall not provide, promote, distribute, sell, place, or otherwise publish as an Seller (or in connection with the Affiliate Program) any content, product, service, or website that includes content, that is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. You are solely responsible for the content, products, services, data, and information You provide, promote, distribute, sell, place, or otherwise publish and for Your website.
- Sale of Physical Products. In addition to the other terms contained in this Agreement, if Seller offers for sale any physical, tangible, and/or non-digital goods or products (“Physical Products”) through the Affiliate Program, the following terms apply:
- Fulfilment and Shipping. Seller is solely responsible for timely fulfilling and shipping all orders for Physical Products and collecting and/or paying the cost for such shipment and fulfilment.
- Applicable Law and Taxes. Seller is solely responsible for complying with any applicable state, local, federal, or other law, rule, or regulation related to the sale or shipment of any Physical Products. Seller is solely responsible for the collection and payment of any taxes related to the sale of any Physical Products.
- Refunds. If a customer contacts African Fashion 4 U and represents that customer purchased, but did not receive, a Physical Product from Seller, African Fashion 4 U may request that Seller provide African Fashion 4 U with written confirmation of the shipment and delivery of the Physical Product to customer. If African Fashion 4 U requests such confirmation and Seller fails to provide such confirmation within two (2) business days of the request, and either (i) more than five (5) business days have elapsed since the customer placed the order with Seller, or (ii) the shipment period stated by Seller in Seller’s advertisement, website, or offer to customer has passed, then African Fashion 4 U reserves the right to issue the customer a refund and offset that amount from amounts owed to Seller or otherwise obtain that amount from Seller, including charging any Seller account on file with African Fashion 4 U.
- Representations and Warranties. Seller represents and warrants that any Physical Products offered, advertised, or sold by Seller (i) are not illegal in any jurisdiction in which the Physical Product is manufactured, sold, or shipped; (ii) comply with all applicable laws, (iii) do not infringe upon the rights of any third-party; (iv) are not defective or recalled, (v) do not promote or contain any of the content contained in Section 4, above; and (vi) comply with any and all other terms and guidelines posted by African Fashion 4 U on the Site and in any other part of the Affiliate Program materials.
Our Other Policies.
- REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
African Fashion 4 U does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within African Fashion 4 U’s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. African Fashion 4 U disclaims any liability as a result of any user’s inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, African Fashion 4 U expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. African Fashion 4 U does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. African Fashion 4 U does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will African Fashion 4 U be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services. All products and services made available through the Services are sold by independent sellers and not sold by African Fashion 4 U.
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AFRICAN FASHION 4 U EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. AFRICAN FASHION 4 U DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. ALL PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY AFRICAN FASHION 4 U.
We do not guarantee that the Services, and any products sold through the Services, will be compatible with all software or with all devices.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
AFRICAN FASHION 4 U EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, MISSTATEMENTS, AND/OR MISREPRESENTATIONS MADE BY SELLERS AND ALL OTHER USERS OF THE SERVICES. ALL USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD AFRICAN FASHION 4 U HARMLESS FOR ANY CLAIMS, MISSTATEMENTS, AND/OR MISREPRESENTATIONS MADE BY ANY SELLER AND ALL OTHER USERS OF THIS SERVICES. AFRICAN FASHION 4 U DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY SELLER OR USER.
- COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You may not use any information obtained from the Service in order to harass, abuse, or harm another person.
In order to protect the integrity of the Services, African Fashion 4 U reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by African Fashion 4 U to limit, restrict, or prevent access to the Services.
You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of African Fashion 4 U. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of African Fashion 4 U. You may not frame or mirror any African Fashion 4 U website or content without the express written consent of African Fashion 4 U.
You agree to indemnify, hold harmless and defend African Fashion 4 U, its managers, members, directors, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, (iv) your unauthorized use of the Services, or (v) your purchase, sale, or use of any product or service purchased through the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
- LIMITATIONS OF LIABILITY
AFRICAN FASHION 4 U WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF AFRICAN FASHION 4 U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, AFRICAN FASHION 4 U’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- TERMS AND TERMINATION
- PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
By providing any personal or non-personal information to African Fashion 4 U through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, African Fashion 4 U a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sub licensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in African Fashion 4 U’s sole discretion.
African Fashion 4 U, and any third-parties to which African Fashion 4 U provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing African Fashion 4 U your contact information, you agree to receive communications from African Fashion 4 U or other third-parties who obtained your contact information from African Fashion 4 U.
To the extent a seller, affiliate, or customer gathers information about a seller, affiliate, or customer such collection, use, and distribution of that information will be controlled by the collecting party and not by African Fashion 4 U.
African Fashion 4 U may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that African Fashion 4 U may place advertising on the Services and you agree not to block such advertising.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
- APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Florida without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations, Florida law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Seminole County, Florida. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by African Fashion 4 U hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to African Fashion 4 U must be sent to: email@example.com
- MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in Seminole County, Florida, subject to the laws of the State of Florida and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitration and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties, with the exception of a separate written license agreement for certain products sold through the Website. If any provisions of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between African Fashion 4 U and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.