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INTELLECTUAL PROPERTY POLICY

INTELLECTUAL PROPERTY POLICY

(A) Kreekafrica.com Contents

The Kreekafrica.com IP Policy and these Terms of Service govern your use of the Website and the services provided therein and thereby. You are responsible for reviewing the Kreekafrica.com IP Policy, and we recommend that you thoroughly review the Privacy Policy and print a copy to keep for yourself. The I.P. Policy is available on the Website and may be updated or modified now and then.

(B) Registered User Contents

  • You are solely in charge of the material posted on our Website, including but not limited to (a) any video, audio, or photographic content (collectively, "Multimedia Content"), (b) any listing or posting made in any public message area, via any email feature or through Kreekafrica.com's feedback feature (collectively, Non-Multimedia Content") and (c) any other personal content including but not limited to your work history, biography, resume, and work product produced for another Registered User including Companies ("Personal Content"). You hold ownership of all Personal Content and Multimedia Content, subject to the licenses granted here.
  • You hereby allocate your rights in any Non-Multimedia Content to Kreekafrica.com. You give us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right to exercise all publicity rights and copyright regarding the Multimedia Content and to use such Multimedia Content for the purpose of publicizing and advertising Kreekafrica.com products and services and you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right to use the Personal Content for the purpose of provision of Services.
  • Your information must not: (a) be defamatory, trade libelous, harassing or threatening; (b); invade any third party's rights, including but not limited to intellectual property, publicity or privacy; nor (c) be obscene, indecent or comprise pornography.
  • We do not favour any information posted by Registered Users, and we do not hold any legal responsibility for any such material posted on the Website, including but not restricted to any information posted concerning you. We retain the right to act, in our sole discretion, regarding information uploaded on the Website which we believe is unfitting, including but not restricted to the closure of your Account. However, we cannot, nor do we, have control over the information you or other Registered Users provide or other content providers make available through our system.

(C) Removal of Content for which Copyright Infringement Is Claimed

  • An authorized person's signature, physical or electronic, to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identifying the copyrighted work claimed to have been invaded, or, if more than one copyrighted works are covered by a single notification at a single online website, a representative list of such works at such website.
  • Identification of the work or material that is claimed to be invading or to be the focus of infringing activity and that is to be removed or access to which is to be refused, and information practically adequate to authorize the Professional to discover the material.
  • Information practically adequate to authorize the Professional to interact with the complaining party including a telephone number, and address, and if available, an electronic mail address at which the complaining party may be reached.
  • A declaration that the complaining party has a good faith belief that use of the material or information in the manner complained of is not permitted by the law, the copyright owner, or its agent.
  • A declaration that the material or information in the notification is precise, and under the consequence of perjury, that the complaining party is permitted to take action on behalf of the owner or proprietor of a private right that is allegedly invaded.
  • Notice from a copyright owner or from a person permitted to represent the copyright owner that fails to obey substantially the provisions above shall not be considered as providing concrete knowledge or being aware of facts or circumstances from which invading activity is obvious.

In addition, you are mandated to make available a Notice of Infringement Form each time you desire to report alleged acts of infringement and forward it to the contact information provided above.

Disclaimers, Representations, Exclusions And Limitations
(A) Registered User Warranties and Representations

All Registered Users represent, warrant, and agree:

  • not to give access to an Account only to users authorized to represent the Registered User and only according to these Terms of Service.
  • To be entirely responsible and accountable for any action of any user who utilizes your Account.
  • Not to use the Account credentials, including, username, or password of another Registered User that you are not explicitly permitted to use.
  • Not to grant access to any third party who is not sanctioned to do so to utilize your Account at any time.
  • Not to utilize any device, routine, or software including but not limited to any viruses, worms, Trojan horses, time bombs, denial-of-service attacks or robots, for the purpose of compromising, damaging or interfering with the operation of the Website or any transaction being processed via the Website.
  • Not to expropriate or intercept any data, personal information, or system from the Website.
  • Not to engage in any activities that place a disproportionate or unreasonably large burden on the Website infrastructure, including but not restricted to "spam" or other such unwelcome mass emailing techniques.
  • That it has the right and authorization to take part in the Terms Of Service and to transact business hereunder.
  • that they are utilizing the Website for the sole purpose of taking part in an authentic business transaction with other Registered Users.
  • that they will refrain from utilizing the Website or its services to mislead or defraud any entity person, including and without limitation Kreekafrica.com or any Register User.

(B) Warranty Disclaimer

The services kreekafrica.com or our third-party service providers offer are provided "as is," as available, and void of any conditions and warranties (explicit or implied, including the indirect warranties of merchantability, fitness for a particular purpose, accuracy, title and non-infringement, arising by statute or otherwise in law or from a sequence of dealing or trade or usage). we make no warranties or representations, of any kind, either explicit or implied, as to the quality, reliability or identity of any intermediary or third party, or as to the correctness of the information posted on the website by any intermediary or third party. some jurisdictions do not permit for all the preceding limitations on indirect warranties, so to that degree, if any, all or some of the above limitations may not be applicable to you.

(C) Limitation of Liability

Under no circumstances shall we or our third-party or intermediary service providers be accountable to you or any other registered user for any indirect, special, incidental, consequential or punitive damages pursuant to this contract or agreement, including but not limited to, loss of business opportunities, loss of profits or loss of goodwill, even if counseled of the possibility of such damages. notwithstanding any other provision of this contractual agreement, under no circumstances will our legal responsibility to you for any exploit or privilege related to the website services provided under these terms of service, whether on tort, contract, negligence basis or any other theory of responsibility, exceed the greater of (a) $100 or (b) the collective amount of dues actually collected from you by us for the services related to the liabilities during the six (6) month duration immediately before the determination of such liability. certain jurisdictions do not permit for all the preceding limitations and exclusions of consequential or incidental damages, so to that degree if any, some or all of these exclusions and limitations may not be applicable to you.

(D) General Release

If you encounter a disagreement with another Registered User, you release Kreekafrica.com (and our directors, officers, subsidiaries, agents, joint ventures and employees) from demands, claims, and damages (concrete and consequential) of every known and unknown, kind and nature, arising from or in any way linked with such dispute.

(E) Indemnity

You agree to hold harmless, defend, and indemnify Kreekafrica.com from and against any and all costs, damages, losses, expenses, or other liabilities incurred by Kreekafrica.com from and against any loss, liability, cost, damage, suit, cause of action, proceeding, claim, demand or action brought by an intermediary or third party against Kreekafrica.com: (1) connected to your use of the Services including any payment responsibilities sustained through use of the Kreekafrica Billing and Payment Services; or (2) as a result of: (a) your utilization of the Website (b) your choice to source credit information, including personal financial information via the Website; (c) your choice make posts and accept offers from other Registered Users; (d) any violation of contract or other claims made by Registered Users you conducted business with, through the Website; (e) your violation of any provision of these Terms of Service; (f) any charges due to tax treatment of payments or any portion thereof; (g) any intentional or careless wrongdoing by any Registered User; (h) any omission or action of yours regarding the payment of fees to any Professional; (i) your failure or refusal to pay any Invoice or any other Payment; or (j) your commitments to a Professional. Any such indemnification shall be based on our: (i) notifying you in writing of any such claim, action, liability, cost, demand, or threat of any thereof; (ii) liaising with you in the defence or defrayal thereof; and (iii) giving you control of such defence or settlement. We shall be authorized to partake in such defence through our own counsel at our own expense and cost. We retain the right to report to the appropriate government agencies or otherwise, any misconduct that we become aware of.

(F) Links

The Website may contain links to intermediary or third-party web sites not controlled or operated by Kreekafrica.com. When we make links available, we do so only as a convenience and do not sanction and do not take responsibility for the content of any linked site or any other link included in a linked site.

(G) Data

You are responsible for the creation, backup and storage of your business accounts. These Terms of Service and any registration for or following use of this Website will not be interpreted as creating any responsibility on Kreekafrica.com's part to store, retain, backup, or grant access to any data or information for any period or duration.

Miscellaneous Terms And Conditions

(A) Compliance with Law

You are responsible for submission to apply to international laws, treaties and regulations, remembering that access to the material of this Website may not be legal for or by some persons or in some nations.

(B) Modification and Waiver

Kreekafrica.com will not be considered to have altered or waived any of our remedies or rights under these Terms of Service unless the amendment or waiver is scripted and signed by a sanctioned representative of Kreekafrica.com. No postponement or omission by Kreekafrica.com in exercising its remedies or rights will weaken its rights or be interpreted as a waiver. Any single or partial implementation of a right or remedy will not impede the further exercise of any other remedy or right.

(C) Severability

If any portion or section of these Terms of Service is thought to be unenforceable, the unenforceable section will be given effect to the greatest degree possible, and the rest will remain in full effect and force.

(D) Assignment or Transfer

You will not assign, transfer, or delegate your obligations or rights (including your Account) under these Terms of Service to any entity or person without the explicit written permission of Kreekafrica.com, and any effort to do so will be worthless and cancelled. Kreekafrica.com may allocate these Terms of Service in its sole discretion.

(E) Force Majeure

With the exception of the payment of fees to Kreekafrica.com, neither of the parties or entities to these Terms of Service shall be accountable for the failure of execution or any delay in presentation of any obligation hereunder due to labour troubles, fires, accidents, floods, internet or telecommunications failures, strikes, riots, wars, rebellions, blockades, acts of government, regulations or restrictions imposed by law and governmental requirements or any other similar circumstances outside the reasonable control of such party. The party shall be given extended time for performance, by the duration of such delay.

(F) Notice

All notices necessary or legalized to be given under these Terms of Service, shall be scripted and shall be considered to have been properly given if delivered personally or sent by prepaid telex, telefax or telegram, or mailed first-class, postage prepaid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.

If to Kreekafrica.com

Port Louis,
Port Louis, MU

If to Registered User:
To the address associated with Registered User's access or login information.

(G) Labels and Headings

The paragraph headings in boldface in these Terms of Service are present for ease of reference only and have no binding consequence.

(H) Integration

These Terms of Service and all material and documents referenced within these Terms of Service (including the policies available and represented hyperlink) encompass the entire agreement between you and Kreekafrica.com with regard to the utilization of this Website and surpass all previous contracts between the parties regarding the subject matter contained herein as well as any inconsistent or contradictory terms in any Website that link to or are linked from the Website.