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AFRICA Africana Heritage Website Terms and Conditions
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Terms and Conditions
1.1 The contents of this website are intended for the personal, noncommercial use of its Users. All materials on this website (including, but not limited to, news articles, photographs, images, illustrations, audio and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the party credited as the provider of the content, software, or other materials. Users shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Service. Neither the Content nor the design of these pages may be reproduced in any format for presentation by any other persons or organizations, or for purposes of profit.

1.2 Users may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the website or the copyright holder identified in the individual Content's proprietary notices including copyright notice. Persons or organizations who wish to use any Content for purposes other than stated here must obtain written permission from the contributor of said content, and provide the Africana Heritage Project with proof of such written consent.

1.3 The website is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as set forth in Section 1 of this Terms of Service, Users may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Service in whole or in part.

USER PROVIDED CONTENT: REPRESENTATIONS AND WARRANTIES
2.1 Portions of the Service will contain user provided content, to which you may contribute appropriate content. For this content, The Africana Heritage Project is a distributor only. You should submit only content which belongs to you and will not violate the property or rights of other people or organizations. The Africana Heritage Project is sensitive to the copyright and intellectual property rights of others. While The Africana Heritage Project will not monitor or edit User provided content, except to promote privacy, the management reserves the right to remove any User provided Content that comes to its attention, and that it believes, in its sole discretion, violates the intellectual property rights of others.

2.2 While the burden of determining whether User provided Content violates the rights or properties of others lies solely with the contributor, The Africana Heritage Project will respond to substantiated claims of violation. The person or persons who believe that they have a claim under copyright should address such claim to copyright@africanaheritage.com. Any such claim should include the following:
  1. Identification of Content claimed to be infringing upon copyright, including URL
  2. Identification of the copyrighted work said to be infringed, and the basis for the claim
  3. Complete contact information for the copyright holder or other claimant (who must have a license which is claimed to be infringed to make the claim), including name, address, telephone number, fax and email address.
  4. A statement, under penalty of purgery, that the information in such claim is accurate, and that the complainant is the owner or an authorized agent of the owner, and
  5. A written or electronic signature of the owner, or the owner's authorized agent.
2.3 User represents, warrants and covenants that: that no materials of any kind submitted by User or use thereof, in accordance with the terms and conditions of this User Agreement, will:
  • (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right;
  • (ii) contain libelous or otherwise unlawful material;
  • (iii) constitute false or misleading indications of origin or statements of facts;
  • (iv) slander, libel or defame any person or entity;
  • (v) cause injury of any kind to any person or entity; or
  • (vi) violate any applicable laws, rules, regulations, or other governmental regulations; and that User is at least 18 years old.
User hereby indemnifies, defends and holds The Africana Heritage Project, The University of South Florida and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney's fees. User shall cooperate as fully as reasonably required in the defense of any claim. The Africana Heritage Project reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

2.4 The Africana Heritage Project provides original images and verbatim transcriptions of historical documents. Such documents may contain language that is offensive or based upon stereotypes. Users are urged to view such documents in the context of the time period in which they were produced. The Africana Heritage Project does not modify original historical documents, but rather presents them exactly as they appear.

2.5 The Africana Heritage Project neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Service by User, information provider or any other person or entity.

THE AFRICANA HERITAGE PROJECT, AND ANY MATERIALS PROVIDED BY THE AFRICANA HERITAGE PROJECT OR THIRD PARTIES, ARE PROVIDED "AS IS." THE AFRICANA HERITAGE PROJECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. THE AFRICANA HERITAGE PROJECT SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY THE AFRICANA HERITAGE PROJECT OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF The Africana Heritage Project HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

2.6 User hereby acknowledges that use of the website is at the User's sole discretion.

FORUMS AND DISCUSSIONS
3.1 User shall not upload to, distribute, or otherwise publish through the website, any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, incites racial or ethnic hatred or otherwise violates any law. Please use your best judgment, and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive, or hateful language. Bulletin boards within the website are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Neither the website, nor the management, endorses the opinions placed on these bulletin boards. User acknowledges that any submissions may be edited, removed, modified, published, transmitted and/or displayed. In addition, User warrants that all moral rights in any upload materials have been waived.

3.2 The Forums shall be used only in a noncommercial manner. User shall not, without express approval from the webmaster, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services which are competitive with the website.

3.3 The website welcomes input from its users. However, by submitting an idea, suggestion, or recommendation, the User waives all right to the idea as intellectual property, and consents to the website utilizing that idea, suggestion, or recommendation without attribution or compensation.

3.4 While The Africana Heritage Project does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, the management reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene, or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.

ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Africana Heritage Project contains links to other World Wide Web Internet sites, resources, and sponsors. Selection of a link redirects the User to a third party. Transactions that occur between the User and the Third Party are strictly between the User and the third party and are not the responsibility of The Africana Heritage Project. The Africana Heritage Project is not responsible for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to its site administrator or Webmaster.

SOFTWARE LICENSES
5.1 User shall have no rights to the proprietary software and related documentation enhancements, or modifications thereto, provided to the User to access the website (Access Software). User may not sublicense, assign or transfer any licenses granted by The Africana Heritage Project, and any attempt at such sublicense, assignment, or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

TERMINATION
6.1 Users of The Africana Heritage Project website acknowledge that site administrators have the right to terminate access without notice for any User who restricts, inhibits or disrupts access to the website or attempts to alter or improperly access any feature or function of the site. A User's access may also be subject to termination if the User posts or transmits any illegal content, or harasses or threatens any The Africana Heritage Project User or employee, posts content (including the creation of usernames) that is offensive or otherwise disruptive; creation of misleading information, posts unsolicited advertising; or improperly impersonates an employee or other individual.

GUIDELINES FOR USE
7.1 The primary purpose of this website is to enable members with similar interests to share records, chat with each other, exchange stories or pictures, and even to meet each other in person. In this regard, this website is much like a national "Personals" section, and the same care that one would exercise when giving information to strangers, or setting up meetings with strangers, must be used here. The Africana Heritage Project will never give information about one User to another User. Further, Users are cautioned that giving any information to another User on this website carries with it significant risks. We don't know these people. You don't know these people. They may be perfectly wonderful individuals, or they may not be. In short, if you give any information to anyone, you are taking a significant risk. These risks are greatly increased if you plan to meet other Users face-to-face. Please use caution and common-sense when using this service.

PRIVACY POLICY
8.1 The Africana Heritage Project takes every precaution to protect your privacy. The Africana Heritage Project has strict rules on its employees who have access either to the databases that store information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such unfortunate occurrences. The Africana Heritage Project will not give information of any kind about a User to anyone.

MISCELLANEOUS
9.1 The Africana Heritage Project reserves the right to change or modify the Terms and Conditions at any time, without notice. Continued use of the Content indicates acceptance of any modified Terms and Conditions. Any changes or modifications to the Terms and Conditions are effective immediately upon publication on this web page. Users are encouraged to review this web page periodically, to remain apprised of current Terms and Conditions.

9.2 This User Agreement has been made in and shall be construed and enforced in accordance with Florida law. Any action to enforce this agreement shall be brought in the federal or state court located in Florida.

9.3 Official correspondence must be sent via postal mail to:

The Africana Heritage Project
4202 E. Fowler Avenue
Africana Studies Department
FAO 266
Tampa, FL 33620

Copyright 2004 The University of South Florida and The Africana Heritage Project. All Rights Reserved Worldwide. For more information, contact the Africana Heritage Project via e-mail.