Conditions of Use

Welcome to the conditions of use (the “Agreement” or “User Agreement”) for Afrodesiamp3.com (the “Site”) which is a website owned by AfrodesiaMP3 LLC.. (“AfrodesiaMP3 LLC.,” “Afrodesiamp3.com,” “We,” or “Us”).  If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services or our Site.

 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our Site or become a member of Afrodesiamp3.com.  We strongly recommend that, as you read this User Agreement, you also access and read the information referred to in this document, as it may contain further terms and conditions that apply to you as an Afrodesiamp3.com user.

 

Afrodesiamp3.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or services, at any time and in its sole and independent discretion.  Any changes will be effective upon the posting of the revisions on the Site.  You are responsible for reviewing the notice and any applicable changes.  Changes to referenced policies and guidelines may be posted without notice to you.  Your continued use of this Site and the services following Afrodesiamp3.com posting of any changes will constitute your acceptance of such changes or modifications.  If you do not agree to any changes to this Agreement, do not continue to use the services or this Site.

 

Additional terms and conditions may apply to the purchase of goods and services via the Site.  Such terms and conditions, if any, are posted on the Site, and are incorporated by reference herein.  As with all terms and conditions posted and incorporated into this User Agreement, your use of the Site indicates your acceptance of all additional terms, including, but not limited to, age restrictions for use of certain features of the Site.  If you are under 18, you may use Afrodesiamp3.com, and make purchases from us, only with the involvement and authorization of your parent or guardian.

 

Our site is a venue for Users to interact with other Users, and for Publishers to license and for Users to purchase a license for music.

 

Browsing through our Site and Previewing files is free.  Registration is free.  Once registered, You may purchase a license to download media from the Site.

 

Your activities on the Site shall not:  (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with our Site; and (h) appear, within our sole and independent discretion, to create liability for us or possibly cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may consummate any transaction that was initiated using our Site that could cause us to violate any applicable law, statute, ordinance or regulation.

 

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.  Additionally, you agree that you will not:  (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of Afrodesiamp3.com and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

 

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, AfrodesiaMP3 LLC..  Such links do not necessarily constitute an endorsement by AfrodesiaMP3 LLC. of those sites.  AfrodesiaMP3 LLC. undertakes no obligation to monitor such sites, and you agree that AfrodesiaMP3 LLC. is not responsible for the content of such sites or any technical or other problems associated with any such third-part Sites, Links or usage.

 

Without limiting other remedies, we may limit your activity, immediately remove your portfolio, postings and all other material for which we believe, in our sole discretion, you are the source, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.  We can also terminate this Agreement at any time, with or without cause.

 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that material posted on our Site constitutes copyright infringement of your work(s),  you may provide our Copyright Agent with the following information: 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; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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 owners behalf. AfrodesiaMP3 LLC’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Legal Department
9208 Pinto Canyon Way
Roseville, CA 95747
U.S.A
blboden@stratnet.net

 

We only use your information as described in our Privacy Policy.  AfrodesiaMP3 LLC. may change the Privacy Policy in the future and it will be binding upon you. You should check the Privacy Policy frequently for changes. 

 

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR SITE AND PRODUCTS “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE PRODUCTS OFFERED WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PROVIDERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT PROVIDERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AFRODESIAMP3 LLC..  TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AFRODESIAMP3 LLC. DISCLAIMS ANY AND ALL SUCH WARRANTIES.

 

BECAUSE AFRODESIAMP3 LLC. IS, IN PART, A VENUE FOR TRANSACTIONS BETWEEN BUYERS AND PUBLISHERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OR BETWEEN A BUYER AND A PUBLISHER, EACH OF YOU RELEASE AFRODESIAMP3 LLC., OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY AFRODESIAMP3 LLC..

 

IN NO EVENT SHALL AFRODESIAMP3 LLC., ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF AFRODESIAMP3 LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

 

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.

 

You agree that you will provide AfrodesiaMP3 LLC. with thirty (30) days’ notice of a claim asserted against us. We will then elect within thirty 30 days of receipt of such notice, and also again at our option within ten (10) days of service on us of any legal process initiating an arbitration or litigation, whether to arbitrate the controversy or claim arising out of or relating to this Agreement and/or your use of the Site. Any such arbitration will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Each such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in San Jose, California, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Afrodesiamp3.com may elect the remedy of resolving the dispute outside of binding arbitration by declining to initiate or participate in such arbitration. If such an election of remedy is made, either expressly or by failure to elect to proceed with arbitration, and under every other circumstance in which legal action is initiated, the sole and exclusive jurisdiction and venue for a legal action shall be in the state or federal courts located in San Jose, California, USA.

 

Afrodesiamp3.com grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement.  This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the services (other than the transactions contemplated in accordance with this Agreement), making any derivative work of the Site or the services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.  You agree that you will not compile, reproduce, republish or resell for any purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. You also agree that you will not communicate to any other member for any purpose other than for the intended purpose of our site, which is to allow Users to access music by Publishers on the Site.

 

This is the entire Agreement.  No delay by either party shall waive rights under this Agreement.  This Agreement is governed by, and to be construed exclusively in accordance with, the laws of the State of California, USA, without regard to that state’s conflict of laws provisions.  No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties.  If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of AfrodesiaMP3 LLC. in accordance with applicable law and the remainder of the Agreement shall remain in force.  All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing.  The parties to this Agreement are independent entities and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and no party has the right or authority to act for, or on behalf of, the other party.  Headings are for the convenience of reference only and do not alter the rights and obligations of the parties.  No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.  The provisions of this Agreement are not for the benefit of any third party.  Provisions of this Agreement that are intended to survive this Agreement shall survive. 

 

Except as explicitly stated otherwise, all notices to Afrodesiamp3.com shall be given by overnight and postal mail to AfrodesiaMP3 LLC. Attn: Legal Department, 9208 Pinto Canyon Way, Roseville, CA 95747, U.S.A (in the case of Afrodesiamp3.com) or to the email address you provide to Afrodesiamp3.com during the registration process (in your case).  Notice shall be deemed given 24 hours after email is sent to the member based upon the email address contained in your registration records, whether or not the email address is valid.