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Terms and Conditions

1. By using Afrika Speaks you agree to be legally bound by these terms, which shall take effect immediately on your first use of Afrika Speaks. If you do not agree to be legally bound by all the following terms please do not access and/or use Afrika Speaks.
2. Afrika Speaks may change these terms at any time and without notice by posting changes online. You are responsable to review these terms regularly to ensure you are aware of any changes made by Afrika Speaks. Your continued use of Afrika Speaks after changes are posted means you agree to be legally bound by these terms as updated and/or amended. Each version of these terms can be identified by its effective date at the top of the page.
3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use content on Afrika Speaks in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Afrika Speaks content except for your own personal, non-commercial use. Any other use of Afrika Speaks content requires the prior written permission of Afrika Speaks.
4. You agree to use Afrika Speaks only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Afrika Speaks. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Afrika Speaks.
5. Afrika Speaks content, including the information, names, images, pictures, logos and icons regarding or relating to Afrika Speaks (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6. Under no circumstances will Afrika Speaks be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
   1. loss of data;
   2. loss of revenue or anticipated profits;
   3. loss of business;
   4. loss of opportunity;
   5. loss of goodwill or injury to reputation;
   6. losses suffered by third parties; or
   7. any indirect, consequential, special or exemplary damages arising from the use of Afrika Speaks regardless of the form of action.
7. Afrika Speaks does not warrant that functions contained in Afrika Speaks content will be uninterrupted or error free, that defects will be corrected, or that Afrika Speaks or the server that makes it available are free of viruses, trojan horses or bugs.
8. The names, images and logos identifying Afrika Speaks, or third parties and their products and services are subject to copyright, design rights and trademarks of Afrika Speaks and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Afrika Speaks, or any other third party.
9. Where you are invited to submit any contribution to any part of Afrika Speaks (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Afrika Speaks a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Afrika Speaks’s Privacy Policy. If you do not want to grant Afrika Speaks the rights set out above, please do not use Afrika Speaks.
10. Further to paragraph 9, by submitting your contribution to any part of Afrika Speaks, you warrant that:
    1. your contribution is your own original work and that you have the right to make it available to Afrika Speaks for all the purposes specified above;
    2. your contribution is not defamatory; and
    3. your contribution does not infringe any law; and
    4. you indemnify Afrika Speaks against all legal fees, damages and other expenses that may be incurred by Afrika Speaks as a result of your breach of the above warranty; and
    5. you waive any moral rights in your contribution for the purposes of its submission to and publication on Afrika Speaks and the purposes specified above; and
    6. you waive any and all moral rights regarding your contribution to the extent that they may be waived as provided for in article 25 of the Dutch Copyright Act (Auteurswet 1912).
11. Afrika Speaks is not obliged to supervise whether the information transferred or saved is unlawful, or to actively search for facts or circumstances which might indicate unlawful activities. Therefore, Afrika Speaks cannot guarantee that, by providing its services, no unlawful actions may take place by users of these services. It may, however, be that a user of the services publishes unlawful information on the Internet, or acts wrongfully in any other way. If you observe this you can notify Afrika Speaks. This notification can be done by filling in and submitting the “Unlawful Information Report” form (“UIR”), which can be downloaded from here. With this form, Afrika Speaks can be requested to block the information concerned, to cease the unlawful activity or to disclose the name, address and residence of the publisher of the information. Afrika Speaks shall review the report and act in accordance with the procedure included in the UIR. Afrika Speaks shall not be liable for whatever damage, direct and/or indirect, suffered by third parties arising from the unlawful use of its services by a user.
12. Afrika Speaks’s current privacy policy is available at www.link.com (the "Privacy Policy"), which is incorporated by this reference.
13. You agree to use Afrika Speaks (including Forums and community spaces) in accordance with the following Community Rules. These apply across all Afrika Speaks activities and services. You should, however, read the local house rules of the particular site or service you’re using, as there may be some local variations to these Community Rules.
    1. Contributions must be civil and tasteful;
    2. No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble;
    3. No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable;
    4. If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts;
    5. Be patient: users of all ages and abilities may be taking part in the relevant Afrika Speaks Community;
    6. No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas;
    7. No advertising in the broadest means possible;
    8. Contributions containing languages other than English may be removed unless allowed in the relevant local house rules;
    9. No impersonation;
    10. No 419 Fraud;
    11. No inappropriate (e.g. vulgar, offensive etc) user names;
    12. You may not include, make notice of and/or refer to specific URLs (web site addresses) unless allowed under the relevant local house rules. If you know of a worthy web site relevant to the discussion topic, please inform the host of the Community area;
    13. Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.
14. We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area using the 'Contact Us' link, and they will promote it if they see fit.
15. You may not submit any defamatory or illegal material of any nature on Afrika Speaks. This includes text, graphics, video, programs or audio.
16. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
17. You agree to only submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
18. The views expressed on Afrika Speaks are those of members of the public and are not necessarily those of Afrika Speaks.
19. When you are under sixteen (16): (i) please get a parent’s or guardian’s permission before taking part in any Afrika Speaks discussion; (ii) never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).
20. Afrika Speaks may set limits around your use of Classifieds and can amend and/or delete posts without notice (such as number of days that posts will appear, length of posts, attachments to posts).
21. When listing and selling items, you must be legally able to sell the item(s) you list for sale. You must include any terms of sale in the description of that item(s). There are some things which you’re not allowed to sell (because of laws or Afrika Speaks’s policy), such as the following:
    1. Alcohol
    2. Animals and wildlife
    3. Artefacts
    4. Drugs and drug paraphernalia
    5. Fireworks, firearms, ammunitions, replicas, and militaria
    6. Food
    7. Offensive material
    8. Stolen property
    9. Weapons and knives
    This is not an exhaustive list, and you should check your local laws in case they specify other stuff you’re not allowed to sell via Classifieds. If you think someone is selling items in breach of these terms (including items which may infringe copyright), please contact Afrika Speaks.
22. You, and you alone, are responsible for any consequences of your postings and responses to postings. If a dispute arises between users of the community, or between users and a third party, Afrika Speaks is not obliged to get involved. Afrika Speaks is not responsible if anything goes wrong with your transaction.
23. In general : exercise common sense. Afrika Speaks can’t be responsible for the actions of each person on Afrika Speaks.
24. If you’re looking for or advertising a job vacancy, make sure your advertisement is compliant with your local laws, such as human rights, equal opportunity and anti discrimination.
25. If you fail to abide by these Community Rules (and/or any variations in the relevant local house rules) when using Afrika Speaks, we maintain the right to act as we see fit.
26. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate or access Afrika Speaks.
27. If you post or send offensive or inappropriate content anywhere to Afrika Speaks or otherwise engage in any disruptive behaviour on Afrika Speaks, and Afrika Speaks considers such behaviour to be serious and/or repeated, Afrika Speaks may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s.
28. Afrika Speaks reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
29. If there is any conflict between these terms and specific terms appearing elsewhere on Afrika Speaks (including local house rules) then this letter shall prevail.
30. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
31. These terms shall be construed in accordance with and shall exclusively be governed by Netherlands law. The competent court of Haarlem, The Netherlands, shall have exclusive jurisdiction in respect of any relevant proceedings. In case you are not domiciled in The Netherlands, local mandatory law may apply.