Introduction
Welcome to our website. These Terms and Conditions govern your access and use of our website, mobile applications, and related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, please do not use our Services.
Definitions
“We,” “us,” “our” refers to the business entity operating the Services.
“You,” “your” refers to the individual or entity accessing or using the Services.
“Content” refers to all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials displayed or available through the Services.
User Rights and Responsibilities
Account Creation and Management:
You may be required to create an account to access certain features of the Services.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to provide accurate, current, and complete information when creating an account and to update such information as necessary.
Content Submission and Ownership:
Any content you submit, post, or display on the Services will be considered non-confidential and non-proprietary.
By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display such content in connection with the operation of the Services.
You represent and warrant that you have all necessary rights to grant the license described in this section.
Acceptable Use Policy:
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Services by any third party.
You shall not engage in any activity that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
Prohibited Activities
Unlawful or Illegal Activities:
You shall not use the Services to engage in any unlawful or illegal activities, including but not limited to activities that violate any applicable laws or regulations.
You shall not upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Intellectual Property Infringement:
You shall not use the Services to infringe on the intellectual property rights of others, including but not limited to copyrights, trademarks, and trade secrets.
You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as permitted by the Services or with our prior written consent.
Consequences of Violations:
We reserve the right to suspend or terminate your access to the Services if we believe that you have violated these Terms and Conditions or any applicable law or regulation.
We may also take appropriate legal action, including but not limited to pursuing civil, criminal, or injunctive relief, in response to any violations of these Terms and Conditions.
Intellectual Property Rights
Ownership of Website Content:
The Services and all of its content, features, and functionality are owned by us or our licensors and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User-Generated Content:
Any content you submit, post, or display on the Services will remain yours. However, by submitting such content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display the content in connection with the operation of the Services.
Trademarks and Copyrights:
All trademarks, service marks, and trade names used in connection with the Services are proprietary to us or our licensors and may not be used by you without our prior written consent.
You shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Content.
Limitation of Liability
Disclaimer of Warranties:
We provide the Services “as is” and without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components.
Limitation of Liability:
In no event shall we be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use the Services, even if we have been advised of the possibility of such damages.
Dispute Resolution
Governing Law:
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa.
Dispute Resolution Process:
Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or validity thereof, shall be resolved through binding arbitration in accordance with the Arbitration Foundation of Southern Africa (AFSA) Expedited Rules.
The seat of the arbitration shall be Johannesburg, South Africa, and the language of the arbitration shall be English.
Jurisdiction and Venue:
You agree to submit to the exclusive jurisdiction of the courts of South Africa for any legal action or proceeding arising out of or in connection with these Terms and Conditions.
Termination of Service
Grounds for Termination:
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.
Grounds for termination may include, but are not limited to, your breach of these Terms and Conditions, your misuse of the Services, or the discontinuation or material modification of the Services.
Effects of Termination:
Upon termination, your right to use the Services will immediately cease, and you must destroy all copies of any Content in your possession.
Termination will not limit any of our rights or remedies at law or in equity.
Social Media and Digital Marketing Policy
Sharing and Interacting with Company Content:
You may share, comment on, or interact with our content on social media platforms, provided that such activities do not violate these Terms and Conditions or any applicable laws or regulations.
You shall disclose any material connection or relationship with our company, such as being an employee or receiving compensation, when sharing or promoting our content on social media.
Sponsored Content:
Any content that is sponsored or otherwise financially supported by our company will be clearly labeled as such.
You shall not misrepresent the nature of any sponsored content or fail to disclose material connections when promoting or engaging with such content.
Amendments to Terms
Changes to the Terms:
We reserve the right to modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting the revised terms on the Services.
You are responsible for regularly reviewing these Terms and Conditions for any changes.
Notification of Changes:
We will notify you of any material changes to these Terms and Conditions by posting a notice on the Services or by sending you an email to the address associated with your account, if applicable.
Your continued use of the Services after the effective date of any changes to these Terms and Conditions constitutes your acceptance of the revised terms.
Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:
AfriGames Consortium
Johannesburg, South Africa