Conditions of Use
AfriCasted Conditions of Use
Welcome to AfriCasted. AfriCasted.com, Inc. and/or its affiliates ("AfriCasted") provide its website features and other services to you subject to the following conditions. If you visit AfriCasted.com, use other AfriCasted services, products, or use software or mobile applications provided by AfriCasted that states that it is subject to these Conditions of Use (collectively “AfriCasted Services”), you accept these conditions. Please read them carefully. In addition, when you use any current, future AfriCasted Services, (e.g., AfriCastedPro.com) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to that AfriCasted Service. If these Conditions of Use are inconsistent with the Terms provided for any AfriCasted service, the Terms will control.
Please review our Privacy Notice, which also governs your use of any AfriCasted Service, to understand our practices.
When you use any AfriCasted Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other AfriCasted Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site in or made available through any AfriCasted Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of AfriCasted or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AfriCasted Service is the exclusive property of AfriCasted and protected by U.S. and international copyright laws. All software used in any AfriCasted Service is the property of AfriCasted or its software suppliers and protected by United States and international copyright laws.
AfriCasted and STARMETER are registered trademarks, and the AfriCasted logo, AfriCastedPRO, MOVIEMETER, and other marks indicated in any AfriCasted Services are trademarks of AfriCasted in the United States and/or other countries. Other AfriCasted graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of AfriCasted. AfriCasted's trademarks and trade dress may not be used in connection with any product or service that is not AfriCasted's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AfriCasted. All other trademarks not owned by AfriCasted that appear on this site or in any AfriCasted Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AfriCasted.
License and Site Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, AfriCasted or its content providers grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make personal and non-commercial use of the AfriCasted Services, including digital content available through the AfriCasted Services, and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of AfriCasted. Additional license terms may be found in the Terms. The AfriCasted Services or any portion of such services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AfriCasted. This license does not include any resale or commercial use of any AfriCasted Service or its contents or any derivative use of this site or its contents. All licenses are non-exclusive and all rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by AfriCasted or its licensors, suppliers, publishers, rightsholders, or other content providers. You will use all AfriCasted Services in compliance with all applicable laws.
Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AfriCasted without express written consent.
Meta Tags: You may not use any meta tags or any other "hidden text" utilizing AfriCasted's name or trademarks without the express written consent of AfriCasted. Any unauthorized use terminates the permission or license granted by AfriCasted.
Licensing AfriCasted Content; Consent to Use Robots and Crawlers: If you are interested in receiving our express written permission to use AfriCasted content for your non-personal (including commercial) use, please visit our Content Licensing section or contact our Licensing Department. We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent. If you are interested in receiving our express written permission to use robots or crawlers on our site, please contact our Licensing Department.
Linking to AfriCasted.com: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to AfriCasted.com so long as the link follows our linking guide and does not portray AfriCasted, its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AfriCasted logo or other proprietary graphic or trademark as part of the link without express written permission except as outlined in our help section.
If you use any AfriCasted Service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AfriCasted reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. AfriCasted reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Your License to AfriCasted: If you do post content or submit material, and unless we indicate otherwise, you grant AfriCasted a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AfriCasted and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AfriCasted for all claims resulting from content you supply. AfriCasted has the right but not the obligation to monitor and edit or remove any activity or content. AfriCasted takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle content that you submit, please review our Privacy Notice.
AfriCasted respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AfriCasted's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AfriCasted and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AfriCasted's Copyright Agent for notice of copyright infringement on it site can be reached as follows:
AfriCasted Copyright Agent
59 Mile End Road
Cape Town 7800
In appropriate circumstances, AfriCasted will terminate the accounts of account holders who are repeat infringers.
Disclaimer of Warranties and Limitation of Liability
THE AfriCasted SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AfriCasted SERVICES ARE PROVIDED BY AfriCasted ON AN "AS IS" AND "AS AVAILABLE" BASIS. AfriCasted MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AfriCasted SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AfriCasted SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AfriCasted SERVICES IS AT YOUR SOLE RISK. AfriCasted RESERVES THE RIGHT TO WITHDRAW ANY AfriCasted SERVICE OR DELETE ANY INFORMATION FROM THE AfriCasted SERVICES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AfriCasted DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AfriCasted DOES NOT WARRANT THAT THE AfriCasted SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AfriCasted SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM AfriCasted ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AfriCasted WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AfriCasted SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AfriCasted SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
AfriCasted Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with AfriCasted Services (“AfriCasted Software”). If we provide specific Terms for the AfriCasted Software and there is a conflict between the specific Terms for the AfriCasted Software and these Conditions of Use, the specific Terms for the AfriCasted Software will govern.
By using any AfriCasted Service, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AfriCasted.
Any dispute or claim relating in any way to your use of any AfriCasted Service, or any products or services sold or distributed by AfriCasted or through the AfriCasted Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
b. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, AfriCasted will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
c. You and AfriCasted each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and AfriCasted each waive any right to a jury trial. You and AfriCasted also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your use of AfriCasted Services. We reserve the right to make changes to our site, policies, and these our site, policies, Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
59 Mile End Road
Cape Town 7800
Additional AfriCasted Software Terms
Use of the AfriCasted Software. You may use the AfriCasted Software only in connection with the AfriCasted Services. You may not separate any individual component of the AfriCasted Software for use other than in connection with the AfriCasted Services, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the AfriCasted Software or otherwise assign any rights to the AfriCasted Software in whole or in part. You may not use the AfriCasted Software for any illegal purpose. We may discontinue some or all of any AfriCasted Software we provide, and we may terminate your right to use any AfriCasted Software at any time and in such event may modify it to make it inoperable. Your rights to use the AfriCasted Software will automatically terminate without notice from us if you fail to comply with any of these terms. Additional third party terms contained within or distributed with certain AfriCasted Software that are specifically identified in related documentation may apply to that AfriCasted Software and will govern the use of that AfriCasted Software in the event of a conflict with these Conditions of Use.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the AfriCasted Software, whether in whole or in part, or create any derivative works from or of the AfriCasted Software.
Updates. In order to keep the AfriCasted Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the AfriCasted Software. If you are a U.S. Government end user, we are licensing the AfriCasted Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the AfriCasted Software are the same as the rights we grant to all others under these Conditions of Use.