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African Colours Yellow Pages

 USER AGREEMENT

 Artist Portfolio Hosting Service

1. DESCRIPTION OF HOSTING SERVICE

1.1 African Colours, provides an art portfolio hosting service to African artists (the ‘Service’). Our goal is to provide African artists with real international exposure by means of the World Wide Web. Specifically, your African Colours Yellow Pages include four pages (see above) a main introduction page, a curriculum vitae page, a portfolio page for images and samples from your work and a news page for additional  information about you and your art.

1.2 In order to use the Service, you must have access to the World Wide Web. This also means that you must provide or have access to the necessary equipment (computer, modem) in order to make a connection to the World Wide Web.

1.3 African Colours offers the Service for an entrance fee, as specified by the AfricanColours head office in Nairobi. The first subscription for the Service is required as payment from new members. No refunds are available.

This agreement does not include services for domain registration or special setup of configuration, custom programming, site design, site construction or any other services.

The artists portfolio will be put online for you, starting from the date of receipt by AfricanColours of your accepted, completed order and full payment (by check or money transfer). You are responsible for updating your own files separately.

2. REGISTRATION

To use the Service, you must provide true, accurate, current and complete information about yourself in the Application Form. You must also maintain and update this information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or AfricanColours has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AfricanColours has the right to suspend or terminate your account and refuse any further use of the Service. AfricanColours is not liable for loss of data or damages.

3. YOUR OBLIGATIONS

3.1 You understand that you, and not AfricanColours, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service to the African Colours web site.  AfricanColours does not control or pre-screen the Content posted via the Service by you or others.

3.2 You agree to not use the Service to:

(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, hateful, or racially, ethnically or otherwise objectionable;

(b) upload, post or otherwise transmit any Content that infringes any patent, trademark, copyright or other proprietary rights of others;

(c) engage in commercial activities that are deemed objectionable by AfricanColours.

3.3 AfricanColours respects the intellectual property rights of others and we ask our users to do the same.

4. CONTENT SUBMITTED TO AFRICAN COLOURS

4.1 African Colours does not claim ownership of any kind regarding the Content you place on your African Colours Yellow Pages. You remain the owner of all copyright and related rights on your Content (that is, your works of art that are displayed on your AfricanColours Yellow Pages.

By submitting Content to AfricanColours for inclusion on your Yellow Pages, you do, however, grant AfricanColours a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content but only for the purpose of displaying, distributing and promoting the AfricanColours Web Site(s). This license exists only for as long as you continue to be a AfricanColours Yellow Pages member.

4.2 You acknowledge that African Colours does not pre-screen Content, but that AfricanColours and its associates have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. African Colours and its associates have the right to remove any Content that violates this User Agreement or is otherwise objectionable. You also acknowledge that AfricanColours may establish general practices and limits concerning use of the Service.

5. COMMERCIAL TRANSACTIONS

5.1 You may use your African Colours Yellow Pages  to promote or sell your art on-line. HOWEVER, before you engage in any commercial transactions that involve your AfricanColours Yellow Pages, please be aware of the following terms and conditions that apply in that case.

5.2 First of all, African Colours will NEVER be involved as a party in the actual transaction between you and your customers or business partners and it does not assume any liability in this respect. African Colours cannot ensure that anybody will actually complete any given transaction. As to the terms and conditions of any such transaction, these are the sole responsibility of the individual artists, institutions and their respective counterparts.

5.3 You must NEVER suggest to anybody that AfricanColours is the seller or otherwise involved in any transaction between you and other parties. We cannot and do not assume any role or any responsibility in this respect, other than as a showcase for you and your art.

5.4 By placing an item for sale on your AfricanColours Yellow Pages, you acknowledge that transactions will be made entirely at your own risk and expense. The same applies for any other offers or transactions that you may advertise on your Yellow Pages.

AfricanColours encourages you to be very, very careful when negotiating or conducting any transactions arranged through your AfricanColours Yellow Pages. Use your own best judgment at all times.

6. TERMINATION

You agree that African Colours, in its sole discretion, may terminate your password, your Yellow Pages, use of the Service or use of any other AfricanColours service, and remove and discard any Content within the Service, for lack of use or if AfricanColours believes that you have violated the letter or spirit of this User Agreement. You agree that any termination of your access to the Service under any provision of this User Agreement may be effected without prior notice, at AfricanColours’ sole discretion, and acknowledge and agree that AfricanColours may immediately deactivate or delete your Yellow Pages  without prior notification upon expiration of the term of this agreement or in case of misconduct on your side. Further, you agree that AfricanColours shall not be liable to you or to any third party in case of suspension or termination of your access to the Service for whatever reason.

7. DISCLAIMER

THE AFRICAN COLOURS YELLOW PAGES SERVICE (ARTIST PORTFOLIO HOSTING) IS PROVIDED WITHOUT ANY WARRANTY OR GUARANTEE WHATSOEVER.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFRICAN COLOURS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFRICAN COLOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR CONSISTING OF:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) DAMAGES, INCLUDING THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES DELIVERED, PURCHASED, SOLD OR OBTAINED OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(v) ANY OTHER MATTER RELATING TO THE SERVICE.