Terms & Conditions
Terms & Conditions
This website is provided for use by Emmanuel Multimedia House Inc. on the World Wide Web of the Internet, consisting of information services and content provided by AFRICAN GENERALS STORE, affiliates of AFRICAN GENERALS STORE and other third parties.
"Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of the AFRICAN GENERALS store.
This Agreement, which incorporates by reference other provisions applicable to use of AFRICAN GENERALS store, including (but not limited to) supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in AFRICAN GENERALS store sets forth the terms and conditions that apply to the use of AFRICAN GENERALS store by Subscriber. By using the AFRICAN GENERALS store (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use AFRICAN GENERALS store is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. AFRICAN GENERALS STORE shall have the right at any time to change or discontinue any aspect or feature of AFRICAN GENERALS store, including (but not limited to) content, products, hours of availability, and equipment needed for access or use.
AFRICAN GENERALS STORE shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of AFRICAN GENERALS store, or any part thereof, or to impose new conditions, including (but not limited to) adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including (but not limited to) posting on AFRICAN GENERALS store, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of AFRICAN GENERALS store by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of AFRICAN GENERALS store and all charges related thereto.
- Subscriber shall use the AFRICAN GENERALS store for lawful purposes only.
Subscriber shall not post or transmit through AFRICAN GENERALS store any
material that violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without AFRICAN GENERALS STORE's
express prior written approval contains advertising or any solicitation with
respect to products or services. Any conduct by a Subscriber that in AFRICAN
GENERALS STORE's sole discretion restricts or inhibits any other Subscriber
from using or enjoying the AFRICAN GENERALS store will not be permitted. Subscriber
shall not use AFRICAN GENERALS store to advertise or perform any commercial
solicitation, including (but not limited to) the solicitation of users to
become Subscribers of other on-line information services competitive with AFRICAN
GENERALS store or AFRICAN GENERALS STORE.
- AFRICAN GENERALS store contains copyrighted material, trademarks and other
proprietary information, including (but not limited to) text, software, photos,
video, graphics, music and sound, and the entire contents of the AFRICAN GENERALS
store which are copyrighted as a collective work under the United States
copyright laws. AFRICAN GENERALS STORE owns a copyright in the selection,
coordination, arrangement, and enhancement of such content, as well as in the
content original to it. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part. Subscribers may download
copyrighted material for Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express written permission of AFRICAN GENERALS
STORE and the copyright owner. In the event of any permitted copying,
redistribution, or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be
made. Subscriber acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
- Subscriber shall not upload, post or otherwise make available on AFRICAN
GENERALS store any material protected by copyright, trademark, or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with Subscriber. Subscriber shall
be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of AFRICAN GENERALS store, Subscriber
automatically grants, or warrants that the owner of such material has expressly
granted AFRICAN GENERALS STORE the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may exist in such
material. Subscriber also permits any other Subscriber to access, view, store
or reproduce the material for that Subscriber's personal use. Subscriber hereby
grants AFRICAN GENERALS STORE the right to edit, copy, publish and distribute
any material made available on the AFRICAN GENERALS store by Subscriber.
- The foregoing provisions of Section 5 are for the benefit of AFRICAN
GENERALS STORE, its affiliates, and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or
on its own behalf.
Disclaimer of Warranty; Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFRICAN GENERALS
STORE IS PROVIDED TO SUBSCRIBER "AS IS" AND WITH ALL FAULTS WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. SUBSCRIBER'S USE OF AFRICAN
GENERALS STORE IS AT ITS SOLE RISK. AFRICAN GENERALS STORE, ITS AFFILIATES, AND
EACH OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT
PROVIDERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH
REGARD TO AFRICAN GENERALS STORE AND ITS INFORMATION, SERVICE, AND MERCHANDISE,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK
OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE
ENTIRE RISK ARISING OUT OF USE OF AFRICAN GENERALS STORE REMAINS WITH
- AFRICAN GENERALS STORE MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) AFRICAN GENERALS STORE WILL MEET SUBSCRIBER'S REQUIREMENTS, (ii) AFRICAN GENERALS STORE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF AFRICAN GENERALS STORE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH AFRICAN GENERALS STORE WILL MEET HIS OR HER EXPECTATIONS. AFRICAN GENERALS STORE UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY AFRICAN GENERALS STORE.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other causes of action. Subscriber specifically acknowledges that AFRICAN GENERALS STORE is not liable for the defamatory, offensive, or illegal conduct of other Subscribers or their parties and that the risk of injury from the foregoing rests entirely with Subscriber.
- IN NO EVENT WILL AFRICAN GENERALS STORE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AFRICAN GENERALS STORE OR THE SOFTWARE, BOOKS, MUSIC, OR OTHER PRODUCTS AVAILABLE AT AFRICAN GENERALS STORE BE LIABLE FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AFRICAN GENERALS STORE. . SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES ON AFRICAN GENERALS STORE.
- Subscribers or their parties
are solely entitled to the manufacturer's warranty, if any, on any product
purchased at the AFRICAN GENERALS store. AFRICAN GENERALS STORE makes no additional
or independent warranties of any kind.
- In addition to the terms set
forth above, neither AFRICAN GENERALS STORE nor its affiliates, information
providers or content partners shall be liable regardless of the cause or
duration, for any errors, inaccuracies, omissions, or other defects in, or
untimeliness or inauthenticity of, the information contained within AFRICAN
GENERALS store, or for any delay or interruption in the transmission thereof to
the user, or for any claims or losses arising therefrom or occasioned thereby.
None of the foregoing parties shall be liable for any third-party claims or
losses of any nature, including (but not limited to) lost profits, punitive or
consequential damages. Prior to the execution of a stock trade, Subscribers are
advised to consult with their broker or another financial representative to
verify pricing or other information. AFRICAN GENERALS STORE, its affiliates,
information providers or content partners shall have no liability for
investment decisions based upon the information provided on AFRICAN GENERALS
store. Neither AFRICAN GENERALS STORE nor its affiliates, nor its information
providers or content providers warrant or guarantee the timeliness, sequence,
accuracy, or completeness of this information. Additionally, there are no
warranties as to the results obtained from the use of the information.
AFRICAN GENERALS STORE shall have the right, but not the obligation, to monitor the content of the AFRICAN GENERALS store, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by AFRICAN GENERALS STORE and to satisfy any law, regulation, or authorized government request. AFRICAN GENERALS STORE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the AFRICAN GENERALS store. Without limiting the foregoing, AFRICAN GENERALS STORE shall have the right to remove any material that AFRICAN GENERALS STORE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless AFRICAN GENERALS STORE, its affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of AFRICAN GENERALS store by Subscriber or under Subscriber's Account.
Either AFRICAN GENERALS STORE or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, AFRICAN GENERALS STORE shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which AFRICAN GENERALS STORE, in its sole discretion, considers being unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
AFRICAN GENERALS STORE is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, AFRICAN GENERALS STORE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of AFRICAN GENERALS store, are those of the respective author(s) or distributor(s) and not of AFRICAN GENERALS STORE. Neither AFRICAN GENERALS STORE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the AFRICAN GENERALS store represents the opinions and judgments of the respective information provider, Subscriber, or other users not under contract with AFRICAN GENERALS STORE. AFRICAN GENERALS STORE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on AFRICAN GENERALS store by anyone other than authorized AFRICAN GENERALS STORE employee spokespersons while acting in their official capacities. Under no circumstances will AFRICAN GENERALS STORE be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the AFRICAN GENERALS store. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the AFRICAN GENERALS store. Subscriber shall seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
Linked sites are not under the control of AFRICAN GENERALS STORE and AFRICAN GENERALS STORE is not responsible for the content of any linked site or any link contained in a linked site. AFRICAN GENERALS STORE reserves the right to terminate any link or linking program at any time. AFRICAN GENERALS STORE provides such links only as a convenience to Subscriber. AFRICAN GENERALS STORE has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If Subscriber decides to access any third party sites linked to the AFRICAN GENERALS store, Subscriber does so entirely at Subscriber's own risk.
This Agreement and any operating rules for AFRICAN GENERALS store established by AFRICAN GENERALS STORE constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
As set forth in the AFRICAN GENERALS store Service Agreement which governs the use of AFRICAN GENERALS store, please be advised that neither AFRICAN GENERALS STORE nor its affiliates, information providers, or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within AFRICAN GENERALS store, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. All products are offered subject to availability. Prices, promotions, and/or discounts may be changed without notice.