The following sets forth the agreement (the “Agreement”) between You and Afrogrunge, along with its partners, affiliates, sponsors, endorsers, owners, employees, or any other party working with or on behalf of Afrogrunge (collectively “Afrogrunge,” “We,” or “Us”). The Agreement states the rules to which You are bound that govern all actions associated with, but not limited to the use of the Afrogrunge website (the “Website”).
Afrogrunge reserves the right to amend or modify the terms of this Agreement at anytime. The most current version of this Agreement will be posted on the Website. The most current Agreement will supersede all previous versions. You will be deemed to have accepted the most current Agreement if you continue to use the Website after any changes are posted.
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks, and logos (the “Marks”) are owned by or licensed to Afrogrunge, subject to copyright, trademark, and other intellectual property rights under South African and foreign laws and international conventions.
The Website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. Afrogrunge specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
– Posting any information which is incomplete, false, inaccurate or not your own;
– Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
– Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
– Communicating, transmitting, or posting material that reveals trade secrets, unless You own them or have the permission of the owner;
– Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
– Communicating, transmitting, or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of any applicable export control laws;
– Attempting to interfere in any way with the Website’s or Afrogrunge’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system;
– Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Disclaimer. The materials on the Websites are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchant-ability, fitness for a particular purpose or non-infringement of intellectual property. Afrogrunge expressly disclaims any duty to update or revise the materials on the Websites, although Afrogrunge may modify the materials at any time without notice. your use of the Websites is at your sole risk, and You assume full responsibility for any costs associated with Your use of the Websites. Afrogrunge shall not be liable for any damages of any kind related to your use of the Websites.
We have made every effort to display as accurately as possible the colors of our products that appear at the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, We may place limits on purchases and We do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Afrogrunge merchandise, including, but not limited to, all purchases made through our catalogs and Website.
We control and operate the Website from South Africa, and all information is processed within South Africa. We do not represent that materials on the Website are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website.
The Website may contain links to other websites that are not under the control of Afrogrunge. We have no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Website’s users.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Website. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with us in asserting any available defenses.
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Afrogrunge, or
(2) to you, at your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Afrogrunge agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
This Agreement and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between You and Us and supersede all previous written or oral agreements. If any part of Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement remains effective unless and until terminated by either you or Afrogrunge. you may terminate this Agreement at any time. Afrogrunge also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Website, if in Our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.