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1. OWNERSHIP

This website is the only official website of AfricanColours owned by AfricanColours Ltd. Nairobi and Foundation Art, internet & Africa, The Hague. This website and its design, text, graphics, the selection and arrangement thereof, is Copyright©African Colours, although certain third party copyright materials will be utilised on/in relation to the website from time to time. Proprietary trade marks and trade names may be featured on this website from time to time and remain the property of their respective owners.

2. LIMITED LICENCE; RESTRICTIONS

You are granted a limited licence to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on this website on any other internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of African Colours is strictly prohibited, and is a violation of African Colours’s or its affiliates’ proprietary rights.

If you download any data or software from this website, the data or software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are subject to the limited licence set out above. African Colours and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software.

You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

3. DISCLAIMER

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AFRICAN COLOURS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

IN ADDITION AFRICAN COLOURS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS.

THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

4. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER AFRICAN COLOURS NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE EITHER BY AFRICAN COLOURS OR ITS AFFILIATES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF AFRICAN COLOURS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL EITHER AFRICAN COLOURS’ OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

5. INDEMNIFICATION

You agree to defend, indemnify and hold harmless African Colours, its affiliates, and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the website; any material you post, upload, e-mail or otherwise transmit using the site, or your violation, breach or alleged violation or breach of these Terms of Use.

6. CHILDREN

If you are under 16, you must ask your parents or a guardian before you: E-mail the website, or ask us to e-mail anything to you; Send in any information to us; Enter any contest or game that requires information about you or offers a prize; Post any information on any bulletin board or enter any chat room; or Buy anything online. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or guardian.

7. LINKS FROM THIS SITE

This website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other site.

8. OFFERS AND TRANSACTIONS

On the African Colours website, you may encounter items for sale by individual artists or institutions. Other offers to engage in (commercial) transactions may also be presented or suggested on the website. For instance, a notice may be posted inviting artists to send in works for an exhibition or art fair. UNLESS WHERE STATED OTHERWISE, THESE OFFERS ARE NOT MADE BY AFRICAN COLOURS AND AFRICAN COLOURS IS IN NO WAY RESPONSIBLE OR LIABLE FOR SUCH OFFERS. Please note that African Colours is not involved in the actual transaction between parties and it cannot assume any liability in this respect. African Colours cannot ensure that these parties will actually complete any given transaction. As to the terms and conditions of any such transaction, these are the sole responsibility of individual artists, institutions and their respective counterparts. Where items are offered for sale on or through the African Colours website, African Colours has no control over the quality, safety or legality of any items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Again, African Colours has no involvement and no influence in this respect and therefore it can never be held liable for any damages related thereto, on whichever grounds and of whichever nature.

9. AMENDING THE TERMS AND CONDITIONS OF USE

We may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this website apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use this website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

10. GOVERNING LAW

Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable. These terms shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute under these terms shall be subject to the exclusive jurisdiction of the competent court at The Hague (subject to appeal) and, by using this website, you hereby submit to the jurisdiction of such court for such purposes and waive any and all objections to jurisdiction or venue in such court.

11. INTELLECTUAL PROPERTY RIGHTS

African Colours respects the intellectual property rights of others, and we ask our users and affiliates to do the same. African Colours may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide African Colours the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Upon receipt of the above information, African Colours shall promptly take all reasonable effort to investigate your claim of copyright or other infringement. In the event your claim is deemed legitimate, African Colours shall promptly remove the allegedly infringing material or disable access to it. 'African Colours' policy is to terminate the online privileges of individuals who repeatedly violate the intellectual property rights of others.

njoroge@africancolours.com

P.O. Box 56814 (00200) Nairobi, Kenya
P.O. Box 18518, 2502 EM The Hague, The Netherlands

12. MISCELLANEOUS

Any waiver of any provision of these terms must be in writing signed by African Colours to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and African Colours.