Terms and Conditions

Welcome to our website.

Please read these terms and conditions carefully before using this website, and check them periodically for changes. 

THESE TERMS AND CONDITIONS OF USE ("TERMS") CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND AFRICORI. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY SONG.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.

By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify AFRICORI for violations of these Site Terms.

OWNERSHIP OF THIS SITE AND ITS CONTENT

This website is owned and operated by AFRICORI Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof, is owned by AFRICORI , its licensors, clients and content providers. All elements of AFRICORI websites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to the protection of intellectual property.

USE OF THE SITE 

This Site and the AFRICORI Content are intended for AFRICORI’s customers and content providers. You may not use this Site or the Content for any purpose not related to your business with AFRICORI.

As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.

You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (indulging without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service, 

You are specifically prohibited from:

  1. using the Site (including without limitation the communication systems provided by the Site) , the Service or the Content , to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, 
  2. interfering with the access, use or enjoyment of this Site or the Service by others; 
  3. harvesting or otherwise collecting non-public information about another user obtained through the Site, the Service or the communication systems provided by the Site, using any data mining, data gathering or extraction methods.
  4. using meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
  5. use the site or Africori’s content other than its intended purpose.

SONG LICENSING 

AFRICORI.COM allows you to purchase licenses to specific songs for specific uses (each, a "Song").  In order to license a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms.  A PDF file of the license document ("License") will be sent to you and will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song.

AFRICORI.COM provides you the opportunity to download an MP3 file of a “Song” for evaluation purposes only.  In this case, AFRICORI grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the Song solely for evaluation purposes, to test the Song (including using the Song in animatic and video sequences) or for demonstration to your clients, but only when used in a non-commercial manner.

 All Songs and all rights not expressly granted in writing remain the exclusive property of AFRICORI. 

COPYRIGHT INFRINGEMENT POLICY

 In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, AFRICORI has adopted a policy of terminating, in appropriate circumstances and at AFRICORI's sole discretion, account holders who infringe the intellectual property rights of AFRICORI or any third party.

COPYRIGHT COMPLAINTS 

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement to:  

Legal Department AFRICORI   53 Wale street Phone: + 27 (0)21 424 21 55 Fax: + 27 (0)21 424 21 55 E-mail:  info@africori.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to: 

  • provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); 
  • maintain and promptly update the Registration Data, and any other information you provide to AFRICORI, to keep it accurate, current and complete; 
  • maintain the security of your password and identification; 
  •  notify AFRICORI immediately of any unauthorized use of your account or other breach of security; 
  • accept all responsibility for any and all activities that occur under your account; 
  • accept all risks of unauthorized access to the Registration Data and any other information you provide to AFRICORI.

LINKS TO AFRICORI.COM:

Subject to the terms of this Agreement and as long as this Agreement is not terminated, you may display a link to this Site as long as your use is not misleading, illegal or defamatory.  

LINKS TO OTHER WEBSITES

The site contains links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service of the relevant website) before accessing such websites. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of each other website that you visit.  

DISCLAIMERS 

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND AFRICORI EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. 

THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.  AFRICORI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AFRICORI NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. 

AFRICORI uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content displayed by AFRICORI’s website, but we make no representations or warranties as to the AFRICORI Content's accuracy, correctness or reliability. Content types (including genres, sub-genres and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that AFRICORI does not guarantee their accuracy.

LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES SHALL AFRICORI, ITS PARENT COMPANY, SUBSIDIARIES,DIRECTORS , MEMBERS,EMPLOYEES OR AGENT BE LIABLE FOR DAMAGES OF ANY KIND  INCLUDING, WITHOUT LIMITATIONS ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE OR THE SERVICE, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ( III ) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR THE SERVICE, OR (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR THE SERVICE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise.  

ENFORCEMENT AND INDEMNIFICATION

AFRICORI will pursue all necessary legal action and will seek all available financial compensation and damages should AFRICORI be notified or otherwise discover any infringement or wrongful use of any Song, information, or Content available through this website.

You will indemnify AFRICORI, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights. 

INFRINGEMENT NOTICES AND TAKEDOWN

If you believe that any material contained on this Site infringes your copyright, you should notify:

  AFRICORI 

  RE: INFRINGEMENT NOTICES

  53 WALE STREET

  8001 CAPE TOWN

  SOUTH AFRICA

  MAIL: SUBMISSION@AFRICORI.COM

Your notice to AFRICORI should be in English and contain the following information: 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; 
  • a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; 
  • a description of the exact name of the infringing work and the location of the infringing work on the Service;
  • information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; 
  • a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
  • a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.  

AFRICORI will only respond to any claims involving alleged copyright infringement . Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person. 

TERMINATION 

Notwithstanding any of these Site Terms, AFRICORI reserves the right, without notice and at its sole discretion, to terminate your account and/or to block your use of the Site.

WAIVER OR AMENDMENT

No action of AFRICORI, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. 

We reserve the right, in our sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of our websites or services following the posting of any changes to these Terms constitutes your acceptance of such changes. 

These Terms set out the entire agreement between AFRICORI and you relating to your use of this website.  

APPLICABLE LAW

This agreement shall be interpreted in accordance with the laws of the Republic of South Africa applicable to contracts fully executed and fully to be performed within the Republic of South Africa. If any provisions of this agreement are invalid or unenforceable of such provisions and shall not effect the other provisions of this agreement, and the parties agree to negotiate in good faith for the purpose of drafting new provisions which shall be valid and enforceable and shall express the intention of the parties as closely as permitted by law.

JURISDICTION

This agreement is subject to the exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division).

CHANGES TO THE SITE TERMS & CONDITIONS 

AFRICORI reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

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