TERMS AND CONDITIONS OF USE
Accessing this Website or viewing any of its contents shall constitute your agreement with the terms below. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Ghanaloop MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. DESCRIPTION OF SERVICE
Ghanaloop currently provides users with access to a rich collection of on-line resources, including, communications tools and online forums. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Ghanaloop properties, shall be subject to the Terms of Use. You understand and agree that the Service is provided "AS-IS" and that Ghanaloop assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ghanaloop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ghanaloop shall have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Ghanaloop makes due efforts to ensure that only content suitable for a broad audience are used on the site. Please remember that our Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
3. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Ghanaloop, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Ghanaloop a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Ghanaloop by all means and in any media now known or hereafter developed. You also grant to Ghanaloop the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Ghanaloop for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Ghanaloop.
4. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ghanaloop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
5. CONTENT SUBMITTED TO GHANALOOP
By submitting Content to any Ghanaloop property, you automatically grant, or warrant that the owner of such Content has expressly granted, Ghanaloop the royalty-free, perpetual, irrevocable, non-exclusive and fully sub- licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that Ghanaloop does not pre-screen Content, but that Ghanaloop and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, Ghanaloop and its designees shall have the right to remove any Content that violates the Terms of Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Ghanaloop or submitted to Ghanaloop, including without limitation information in Ghanaloop Message Boards, Ghanaloop Clubs and Forums, and in all other parts of the Service.
6. TRADEMARKS
Any trading names of Ghanaloop or its Web sites, publications, products, content or services referred to herein or on the Site are the exclusive trademarks or servicemarks of Ghanaloop, including the layout, colour combination and arrangement as well as graphical elements of the Site. Any use of Ghanaloop’s trademarks is strictly prohibited without the express permission from Ghanaloop. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
7. USE OF THE SITE
Any person is hereby authorized to view the information available from this Web Site for informational purposes only. No part of this information may be redistributed, copied, or reproduced without the prior written consent of Ghanaloop or its subsidiaries or affiliates. The information contained in these pages is subject to change without notice.
Within the scope of our web site and services, you may encounter web sites or affiliate content that solicit your e-mail address or other personal information. It is up to you to evaluate the privacy policy for each of these entities. In no event will Ghanaloop be held liable.
You understand that, except for information, products or services clearly identified as being supplied by Ghanaloop, Ghanaloop does not operate, control or endorse any information, products or services on the Internet in any way. You also understand that Ghanaloop cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Ghanaloop, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. In as much as we would try to scrutinise all material provided by individuals and third parties it is imperative to know that Ghanaloop does not solely control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ghanaloop be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
In connection with your use of the Site, you further agree not to:
a) transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a Ghanaloop official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
e) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
f) Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) Delete or revise any Content posted by any other person or entity
h) harm minors in any way;
i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
j) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
k) harass another; or
l) collect or store personal data about other users.
8. EQUIPMENT.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
9. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Ghanaloop, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
10. DISCLAIMER OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Ghanaloop PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Ghanaloop SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. Ghanaloop HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY IN NO EVENT WILL Ghanaloop BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Ghanaloop OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME PARTS OF THE WORLD DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PLACES, Ghanaloop’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. THIRD PARTY LINKS AND DEALINGS
Ghanaloop is happy to make available to you links to other sites on the World Wide Web. Ghanaloop believes the links contained on its pages are to reputable companies. Nevertheless, Ghanaloop makes no representations or warranties regarding non-ghanaloop sites or the companies maintaining them. Ghanaloop does not control or monitor such Web Sites and does not endorse the content or the use of such Web Sites. If you choose to access non-ghanaloop Web Sites through links on our pages, you accept responsibility for all related risks. The provisions of “Use of the Site” and “Indemnification” are for the benefit of ghanaloop.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ghanaloop.com shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
12. TERMINATION
Either party without notice may terminate this Agreement at any time for any reason. You agree that Ghanaloop, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Ghanaloop believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Agreements. Ghanaloop may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Agreement may be effected without prior notice, and acknowledge and agree that Ghanaloop may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ghanaloop shall not be liable to you or any third-party for any termination of your access to the Service.
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
14. MISCELLANEOUS
Any cause of action or claim you may have with respect to the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. Ghanaloop's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Ghanaloop may assign its rights and duties under this Agreement to any party at any time without notice to you.
15. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Ghanaloop. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on Internet advertising and a limited number of advertisers, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.
