SECTION ONE (1) â€“IAMAGHNAIAN.COM TERMS AND CONDITIONS OF USE
Welcome to "IAMAGHANAIAN.COM" - the place where Ghanaians and their friends meet and pride themselves as true Ghanaians
By using IAMAGHANAIAN.COM community (the "Community") that Progress Media Network (PMN) ("www.iamaghanaian.com", "us", or "we") operates on its sites (the "Sites"), you agree to be bound by these Terms and Conditions of Use (this "Agreement"), whether or not you register as a member of the IAMAGHANAIAN.COM Community ("Member"). The IAMAGHANAIAN.COM services (the "Services") consist of the Community and the Sites.
If you wish to become a Member, communicate with other Members, and make use of the IAMAGHANAIAN.COM and all its features, read these Terms and Conditions of Use (Agreement) and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by IAMAGHANAIAN.COM from time to time. IAMAGHANAIAN.COM reserves the right to modify the Agreement from time to time. IAMAGHANAIAN.COM will post any modified version of the Agreement on the Sites and your continued use of the Services after such a modified version of the Agreement has been posted constitutes your acceptance to such modified version. If you want to use IAMAGHANAIAN.COM with a mobile device as set forth in Section 1h and if you have trouble reading the Agreement on such mobile device, please visit the IAMAGHANAIAN.COM site at www.iamghanaian.com/termsandconditions to read this Agreement before you accept it on your mobile device by registering and/or accessing or using the Services. You may also receive a copy of this Agreement by emailing us at: firstname.lastname@example.org, Subject: "Terms and Conditions of Use".
If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.
1b. MEMBER ACCOUNT
When you sign up to become a Member and create a IAMAGHANAIAN.COM Member account ("Member Account"), you will also be asked to choose a username and a password for your Member Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile.
This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may terminate your membership at any time, for any reason by closing your accounts and deleting all your profile details from IAMAGHNAIAN.COM or upon receipt by IAMAGHANAIAN.COM of your written or email notice of termination. IAMAGHANAIAN.COM may terminate your access to the Sites. IAMAGHANAIAN.COM may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to "www.iamaghanaian.com". If IAMAGHANAIAN.COM terminates your membership in the Community because you have breached the Agreement, you will not be entitled to a refund of any unused subscription fees, if any. Even after this Agreement is terminated, the following provisions in SECTION ONE (1) of this Agreement will remain in effect: Sections 1 (e, f, i, j, k, l, m, n, o, p, q, r, s, and t)
1d. NON-COMMERCIAL USE BY MEMBERS
The Services are for the personal use of individual Members only, and may not be used in connection with any commercial endeavours. This includes providing links to other websites, whether deemed competitive to IAMAGHANAIAN.COM or otherwise. Organizations, companies, and/or businesses may not become Members of IAMAGHANAIAN.COM and should not use the IAMAGHANAIAN.COM Services for any purpose. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services.
1e. PROPRIETARY RIGHTS IN THE SERVICE
IAMAGHANAIAN.COM and its parent company â€“Progress Media Network (PMN) owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of "www.iamaghanaian.com", and its licensors, including other IAMAGHANAIAN.COM Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein.
1f. CONTENT POSTED ON THE SERVICES
You understand and agree that IAMAGHANAIAN.COM may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of IAMAGHANAIAN.COM violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to IAMAGHANAIAN.COM an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio and video transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Sites ("Prohibited Content"). IAMAGHANAIAN.COM reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
(i) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person;
(ii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(iv) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libellous;
(v) promotes an illegal and/or unauthorized copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(vi) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(vii) displays pornographic or sexually explicit material of any kind and in any form;
(viii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(ix) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(x) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
(xi) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, , illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
(xii) otherwise violates the terms of this Agreement or creates liability for "www.iamaghanaian.com".
You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services, except as to the extent expressly allowed by IAMAGHANAIAN.CO Min specific sections of the Services. You may not transmit any chain letters or junk email to other Members or other parties. You may not engage in any automated use of the Services, such as using scripts, bots, or the like, to add friends or send comments or messages. Although IAMAGHANAIAN.COM cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, IAMAGHANAIAN.COM reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which IAMAGHANAIAN.COM deems appropriate in its sole discretion.
1g. YOUR MEMBER PROFILE
Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
1h. Dealings with organizations or individuals
IAMAGHANAIAN.COM shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that IAMAGHANAIAN.COM is not responsible for any damage or loss incurred as a result of any such dealings. IAMAGHANAIAN.COM is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release IAMAGHANAIAN.COM, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
1i. MOBILE SERVICES
You may access and use the Services using certain mobile devices. Unless otherwise specifically stated herein, your access and use of the Services via a mobile device is subject to the terms and conditions of this Agreement and your full compliance with all your obligations hereunder, including, without limitation, the terms and conditions regarding the use and provision of Content. By accessing and using the Services with a mobile device you acknowledge and agree that you may receive certain communications from the Services (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively "Mobile Communications"). Please note that by accessing and using the Services via mobile devices, or by using certain mobile features, such as receiving or sending Mobile Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees. If you choose to update your profile with information about your actual location (including location-related information provided by your Carrier or applications), you acknowledge and agree that (i) such information may be made available to every viewer of your Member profile and (ii) IAMAGHANAIAN.COM does merely make this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including other Members.
1j. COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Sites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. IAMAGHANAIAN.COM Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:
Attn: Copyright Agent
Suite 35a, Eurolink Business Centre
49 Effra Road,
P. O. Box AT 9
Or send an e-mail to
1k. MEMBER DISPUTES
Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that IAMAGHANAIAN.COM will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), IAMAGHANAIAN.COM is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
1l. THIRD PARTY CONTENT
(i). IAMAGHANAIAN.COM may provide links to other World Wide Web sites or resources. Because IAMAGHANAIAN.COM has no control over such sites and resources, you acknowledge and agree that IAMAGHANAIAN.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IAMAGHANAIAN.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.
(ii) IAMAGHANAIAN.COM Eyewitness may contain commercial images and/or links to sponsors of IAMAGHANAIAN.COM. IAMAGHANAIAN.COM is not responsible or liable for the content of those images and/or links.
(iii) No third party may use framing technologies or functionalities to contain any content provided by IAMAGHANAIAN.COM Eyewitness, for purposes either commercial or non-commercial, without express prior and written consent from IAMAGHANAIAN.COM.
(iv) No third party may provide links to any content within IAMAGHANAIAN.COM without the express prior written consent from IAMAGHANAIAN.COM.
To the extent permitted under applicable laws, you hereby release IAMAGHANAIAN.COM from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Sites user or Member communications.
1n. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND IAMAGHANAIAN.COMEXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND IAMAGHANAIAN.COMDOES NOT GUARANTEE AND DOES NOT PROMISE
(i) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES;
(ii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
(iii) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR
(iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. IAMAGHANAIAN.COMDOES NOT ASSUMES ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
(v) 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IAMAGHANAIAN.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF IAMAGHANAIAN.COM Eyewitness OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(vi) IN NO EVENT WILL IAMAGHANAIAN.COM, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING IAMAGHANAIAN.COM SERVICES AND PRODUCTS, 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 IAMAGHANAIAN.COM , NOR SHALL IAMAGHANAIAN.COM, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING IAMAGHANAIAN.COM BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO IAMAGHANAIAN.COM Eyewitness, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON IAMAGHANAIAN.COM and or IAMAGHANAIAN.COM Eyewitness
(vii) IN ADDITION TO THE TERMS AND CONDITIONS OF SERVICE ABOVE, NEITHER IAMAGHANAIAN.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, 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 IAMAGHANAIAN.COM Eyewitness, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF 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. NEITHER IAMAGHANAIAN.COM NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS 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.
(viii) IAMAGHANAIAN.COM disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing IAMAGHANAIAN.COM, you acknowledge and agree to IAMAGHANAIAN.COM's disclaimer of any such liability. If you do not agree, you should not access or use IAMAGHANAIAN.COM
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
1o. FURTHER LIMITATION ON LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IAMAGHANAIAN.COMSHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF IAMAGHANAIAN.COMHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, "WWW.IAMAGHANAIAN.COM"'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO IAMAGHANAIAN.COMFOR THE SERVICES; AND (2) FIFTY GHANA CEDI (GH50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any software provided by IAMAGHANAIAN.COM through the Services (the "Software") is further subject to International export controls. No Software may be downloaded from the Services or otherwise exported or re-exported to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
1q. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by the laws of the United Kingdom and Ghana without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and IAMAGHANAIAN.COM agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in the United Kingdom and or in Ghana in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand Ghana Cedi (GH 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, IAMAGHANAIAN.COM may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Ghanaian Law or the laws of the United Kingdom. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.
1r. ELECTRONIC COMMUNICATIONS
The communications between you and IAMAGHANAIAN.COM use electronic means, whether you visit the Sites or send us emails, or whether IAMAGHANAIAN.COM posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from IAMAGHANAIAN.COM in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that IAMAGHANAIAN.COM provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
You agree to indemnify and hold "www.iamaghanaian.com", its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement contains the entire agreement between you and IAMAGHANAIAN.COM regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of IAMAGHANAIAN.COM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
1u. COPYRIGHT/TRADEMARK INFORMATION
Copyright Â© 2010, "www.iamaghanaian.com". All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the IAMAGHANAIAN.COM are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
SECTION TWO (2) â€“ TERMS AND CONDITIONS FOR EYEWITNESS SECTION
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING IAMAGHANAIAN.COM EYEWITNESS WEB PAGES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON IAMAGHANAIAN.COM EYEWITNESS WEB PAGES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS IAMAGHANAIAN.COM EYEWITNESS WEB PAGES.
2a. Acceptance of Terms and Conditions of Use
Welcome to IAMAGHANAIAN.COM Eyewitness, a user-generated content section of Iamaghanaian.com ("IAMAGHANAIAN.COM", or "we"). IAMAGHANAIAN.COM Eyewitness provides various services subject to the following Terms and Conditions ("TOU" or "Terms and Conditions"). IAMAGHANAIAN.COM reserves the right to change these Terms and conditions of use without advance notice by posting revised Terms and Conditions. You should therefore review these Terms and Conditions each and every time you access any IAMAGHANAIAN.COM Eyewitness Web pages to stay informed of any changes to the Terms and Conditions. If the Terms and Conditions have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of IAMAGHANAIAN.COM Eyewitness by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
2b. General Terms and Conditions
IAMAGHANAIAN.COM Eyewitness is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using IAMAGHANAIAN.COM Eyewitness, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and Conditions, submit content, participate on this website, and fulfil the obligations set forth in this agreement, which forms a binding contract between you and IAMAGHANAIAN.COM.
These terms and conditions of use apply to all of IAMAGHANAIAN.COM Eyewitness's current and future Web pages, unless otherwise provided, including but not limited to, the following sites: www.iamaghanaian.com/Eyewitness/, http://Eyewitness.iamaghanaian.com and www.iamaghanaianEyewitness.com.
2c. Changed Terms and Conditions of Use
By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to IAMAGHANAIAN.COM and its affiliates a non-exclusive, perpetual, worldwide license to edit, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. Notwithstanding the foregoing, in the event IAMAGHANAIAN.COM licenses your material as stand-alone content outside of IAMAGHANAIAN.COM's core domain to third parties unaffiliated with IAMAGHANAIAN.COM, IAMAGHANAIAN.COM will pay you a percentage of the license fees it actually receives according to rates determined by IAMAGHANAIAN.COM's licensing division.
You represent and warrant to IAMAGHANAIAN.COM that you have the full legal right, power and authority to grant to IAMAGHANAIAN.COM the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. IAMAGHANAIAN.COM does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Web site user submissions to IAMAGHANAIAN.COM Eyewitness do not represent the views of IAMAGHANAIAN.COM Eyewitness, IAMAGHANAIAN.COM, or any individual associated with IAMAGHANAIAN.COM Eyewitness or IAMAGHANAIAN.COM, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, IAMAGHANAIAN.COM endorsement of user submissions. IAMAGHANAIAN.COM does not vouch for the accuracy or credibility of any content submitted by users on our IAMAGHANAIAN.COM Eyewitness Web pages, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on IAMAGHANAIAN.COM Eyewitness. Through your use of IAMAGHANAIAN.COM Eyewitness, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals. By using IAMAGHANAIAN.COM Eyewitness, you assume all associated risks.
2e. Copyrighted Material
(i) IAMAGHANAIAN.COM Eyewitness 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 IAMAGHANAIAN.COM Eyewitness are protected by copyright laws as a collective work and otherwise. IAMAGHANAIAN.COM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by IAMAGHANAIAN.COM, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of IAMAGHANAIAN.COM and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(ii) IAMAGHANAIAN.COM may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of IAMAGHANAIAN.COM Eyewitness. Accordingly, IAMAGHANAIAN.COM 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, you or any other user of IAMAGHANAIAN.COM Eyewitness, are those of the respective author(s) or distributor(s) and not of IAMAGHANAIAN.COM Eyewitness or IAMAGHANAIAN.COM. Neither IAMAGHANAIAN.COM 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. IAMAGHANAIAN.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on IAMAGHANAIAN.COM Eyewitness by anyone other than authorized IAMAGHANAIAN.COM employees acting in their official capacities. Under no circumstances shall IAMAGHANAIAN.COM be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through IAMAGHANAIAN.COM Eyewitness.
(iii) IAMAGHANAIAN.COM respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on IAMAGHANAIAN.COM Eyewitness, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on IAMAGHANAIAN.COM Eyewitness any material protected by copyright, trademark or other proprietary right without the express written 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 or other proprietary rights rests with you. You 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 IAMAGHANAIAN.COM Eyewitness, you automatically grant, or warrant that the owner of such material has expressly granted IAMAGHANAIAN.COM 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 and any other proprietary rights that may exist in such material. You also permit any other user to access, view, and store or reproduce the material for that individual's personal use on IAMAGHANAIAN.COM Eyewitness. You hereby grant IAMAGHANAIAN.COM the right to edit, copy, publish and distribute any such material made available on IAMAGHANAIAN.COM Eyewitness by you.
(iv) If you believe you have a claim of copyright infringement with respect to material that is posted on IAMAGHANAIAN.COM Eyewitness's Web pages, you may give IAMAGHANAIAN.COM written notification of your claim.
2f. Conduct on IAMAGHANAIAN.COM Eyewitness
(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with IAMAGHANAIAN.COM, you agree to abide by the following rules of conduct:
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness and or IAMAGHANAIAN.COM any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness any material that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness any material that contains or advocates pornography, paedophilia, incest or bestiality;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness any vulgar or obscene language or images;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness, without IAMAGHANAIAN.COM express prior approval, material which contains advertising or any solicitation with respect to products or services;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness, any software or other materials which contain a virus or other harmful or disruptive component;
â€¢ You agree not to post or transmit through IAMAGHANAIAN.COM Eyewitness material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
â€¢ You agree not to upload, post, or otherwise make available on IAMAGHANAIAN.COM Eyewitness Web pages any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by IAMAGHANAIAN.COM, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on IAMAGHANAIAN.COM Eyewitness's Web pages;
â€¢ You agree not to impersonate any person or entity, including, but not limited to, any IAMAGHANAIAN.COM employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
â€¢ You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about IAMAGHANAIAN.COM Eyewitness users;
â€¢ You agree not to interfere with or disrupt the IAMAGHANAIAN.COM Eyewitness Web pages or servers or networks connected to the Web pages, or disobey any requirements, procedures, policies or regulations of networks connected to the Web pages;
â€¢ You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
â€¢ You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of IAMAGHANAIAN.COM Eyewitness's Web pages, use of the Web pages, or access to the Web pages;
â€¢ You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by IAMAGHANAIAN.COM Eyewitness; and
â€¢ You agree that no person who appears in your submission, who is a current member of any other rights society, is entitled to compensation from IAMAGHANAIAN.COM.
Any conduct that in IAMAGHANAIAN.COM sole discretion restricts or inhibits anyone else from using or enjoying IAMAGHANAIAN.COM Eyewitness will not be permitted. IAMAGHANAIAN.COM reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. IAMAGHANAIAN.COM is not responsible for material submitted to IAMAGHANAIAN.COM Eyewitness or posted in chat rooms, on bulletin boards or on other forums by users of IAMAGHANAIAN.COM Eyewitness.
(B) The foregoing provisions are for the benefit of IAMAGHANAIAN.COM, its subsidiaries, 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.
The decision by IAMAGHANAIAN.COM Eyewitness to monitor and/or modify the content of IAMAGHANAIAN.COM Eyewitness does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of IAMAGHANAIAN.COM Eyewitness in connection with or arising from use by you of IAMAGHANAIAN.COM Eyewitness or participation in any online forums or interactive features of IAMAGHANAIAN.COM Eyewitness.
You agree that IAMAGHANAIAN.COM, in its sole discretion, may terminate your Account, password, and User Name and/or use of the IAMAGHANAIAN.COM Eyewitness Web pages, and may remove and discard any content within the IAMAGHANAIAN.COM Eyewitness Web pages, for any reason, including, without limitation, if IAMAGHANAIAN.COM believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of your access to the IAMAGHANAIAN.COM Eyewitness Web pages under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that IAMAGHANAIAN.COM may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the IAMAGHANAIAN.COM Eyewitness Web pages. Further, you agree that IAMAGHANAIAN.COM shall not be liable to you or any third-party for any termination of your access to the Web pages. The provisions mentioned in Section 1c above and the provisions in section 2i, 2j and this section 2h shall all survive termination of these Terms and conditions of Use.
You agree to defend, indemnify and hold harmlessIAMAGHANAIAN.COM, 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 IAMAGHANAIAN.COM Eyewitness by you or your Account by you or any other person using the Account. IAMAGHANAIAN.COM reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide IAMAGHANAIAN.COM with such cooperation as is reasonably requested by IAMAGHANAIAN.COM.
"IAMAGHANAIAN.COM Eyewitness" and the IAMAGHANAIAN.COM Eyewitness logo, are service marks of IAMAGHANAIAN.COM. All rights reserved. All other trademarks, logos and service marks appearing on IAMAGHANAIAN.COM Eyewitness are the property of IAMAGHANAIAN.COM or their respective owners.
These Terms and Conditions and any operating rules for IAMAGHANAIAN.COM Eyewitness established by IAMAGHANAIAN.COM 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 the subject matter hereof. If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms and Conditions will remain binding upon the parties.
2l. Force Majeure
Neither IAMAGHANAIAN.COM nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
2m. Compliance with the Digital Copyright Laws
The recourse for owners of copyrighted material who believe that their rights have been infringed online, may contact the IAMAGHANAIAN.COM to report alleged infringements. Upon receipt of properly filed complaints satisfying the requirements, IAMAGHANAIAN.COM will remove or block access to the allegedly infringing material posted by third party users of the IAMAGHANAIAN.COM Eyewitness Web pages. If an IAMAGHANAIAN.COM Eyewitness user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. IAMAGHANAIAN.COM will not be a party to such disputes over alleged copyright infringement.
2n. Notice and Procedure for Making Claims of Copyright Infringement regarding Materials on IAMAGHANAIAN.COM Eyewitness
You may give IAMAGHANAIAN.COM written notification of your claim.
Written notification of your claim must be submitted to the following address
The Copyright Administrator
Suite 35a, Eurolink Business Centre
49 Effra Road
E-mail Address: email@example.com
To be effective, the notification must include the following:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of works at that site;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4.Information reasonably sufficient to permit IAMAGHANAIAN.COM to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.Upon receipt of the written notification containing the information as outlined in paragraphs 1) through 6) above:
1.IAMAGHANAIAN.COM shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to the person or entity who posted the material at issue;
2.IAMAGHANAIAN.COM shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
2o. Counter Notification
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to IAMAGHANAIAN.COM within thirty (45) days of the date the material was removed from the site.
To be effective, a counter notification must be a written communication that includes substantially the following:
1.A physical or electronic signature of the person submitting the counter notification;
2.Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3.A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
4.The person's name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which IAMAGHANAIAN.COM may be found, and that the person will accept service of process from the complaining party or an agent of such person.
5.Upon receipt of a counter notification containing the information as outlined in paragraphs 1) through 4) above:
1.IAMAGHANAIAN.COM shall promptly provide the complaining party with a copy of the Counter Notification; and
2.IAMAGHANAIAN.COM shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days.
IAMAGHANAIAN.COM shall replace the removed material or cease disabling access to the material within ten (14) to fourteen (21) business days following receipt of the counter notification, provided IAMAGHANAIAN.COM has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on IAMAGHANAIAN.COM Eyewitness'.
SECTION THREE (3) â€“ TERMS AND CONDITIONS â€“MARKETPLACE SECTION
3a Using Iamaghanaian.com Marketplace
While using IAMAGHANAIAN.COM sites, services and tools, you will not:
â€¢ post content or items in an inappropriate category or areas on our sites and services;
â€¢ violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
â€¢ fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
â€¢ fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity
â€¢ manipulate the price of any item or interfere with other users' listings;
â€¢ circumvent or manipulate our fee structure, the billing process, or fees owed to IAMAGHANAIAN.COM;
â€¢ post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
â€¢ transfer your IAMAGHANAIAN.COM account and User ID to another party without our consent;
â€¢ distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
â€¢ distribute viruses or any other technologies that may harm IAMAGHANAIAN.COM, or the interests or property of IAMAGHANAIAN.COM users;
â€¢ export or re-export any IAMAGHANAIAN.COM tools except in compliance with the export control laws of any relevant jurisdictions;
â€¢ Harvest or otherwise collect information about users, including email addresses, without their consent.
3b. Abusing IAMAGHANAIAN.COM
IAMAGHANAIAN.COM and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
IAMAGHANAIAN.COM works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-IAMAGHANAIAN.COM transactions, Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue IAMAGHANAIAN.COM sites, services or tools.
3c. Buyer Protection
Buyers and sellers share the responsibility for making sure purchases facilitated by IAMAGHANAIAN.COM are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the IAMAGHANAIAN.COM.
We require IAMAGHANAIAN.COM sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with IAMAGHANAIAN.COM under the IAMAGHANAIAN.COM, If we resolve a dispute in the buyer's favour, we may refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping, in which case we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for an IAMAGHANAIAN.COM claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described).
Sellers agree to allow us to remove funds from their PayPal or any other account for amounts due to buyers
Sellers agree to allow us to charge the payment method they designate for amounts due buyers. If seller refuses to give
IAMAGHANAIAN.COM with a valid reimbursement method, we may collect amounts owed using other collection
mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
3d. Correcting Mistakes in Payments to Buyers or Sellers.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous IAMAGHANAIAN.COM Buyer Protection refund or reimbursement.
To protect against the risk of liability, IAMAGHANAIAN.COM may request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
3f. Fees and Services
Joining marketplace on IAMAGHANAIAN.COM and buying is free. We do charge fees for using other services, such as selling items. When you are selling an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our prevailing fees schedule. We may choose to temporarily change the fees for our services for promotional events (for example, periods of free selling and days of free selling) or new services.
All fees are quoted in British pounds unless otherwise stated. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 90 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogue of stock images, descriptions and product specifications that are provided by third parties (including IAMAGHANAIAN.COM users). You may use catalogue content solely in connection with your IAMAGHANAIAN.COM selling during the time your items are listed on IAMAGHANAIAN.COM
While we try to offer reliable data, we cannot promise that the catalogue will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogue. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all IAMAGHANAIAN.COM policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogue or create any derivative works based on catalogue content (other than by including them in your listings).
3h. Limitation of Liability
You will not hold IAMAGHANAIN.COM responsible for other users' content or actions, items they list or their destruction of allegedly fake items. Our site only provides an avenue to allow anyone to offer and sell and buy anything sellable from anywhere in different locations. We do not get involved in the actual transaction between sellers and buyers. We may help facilitate resolutions of disputes through various channels, we do not have control over and cannot guarantee the quality, safety or legality of items being sold on IAMAGHANAIAN.COM neither can guarantee the truth, accuracy of users content or items being sold, the ability of sellers to sell the items listed, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. We do not act to transfer the legal ownership of items sold and bought from the seller to the buyer. We can also not guarantee continues or secure access to IAMAGHANAIAN.COM. The operation IAMAGHANAIAN.COM may be interfered with by numerous factors outside our control; we therefore legally exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use IAMAGHANAIAN.COM
Regardless of the previous paragraph, if we are found to be liable our liability to you or to any third party is limited to fifty (50) Ghana Cedi (GH50)
3i. Selling Conditions
By selling an item on IAMAGHANAIAN.COM you agree to pay IAMAGHANAIAN.COM fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on IAMAGHANAIAN.COM sites, your listing will be posted on IAMAGHANAIAN.COM and can be viewed in your account on IAMAGHANAIAN.COM. Your listing may not be immediately searchable by keyword or category for several hours (or up to 48hours in some circumstances), so IAMAGHANAIAN.COM can't guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format and title, end time, keywords, price and feedback,
3j. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on IAMAGHANAIAN.COM national registered agent (in the case of IAMAGHANAIAN.COM) or to the email address you provide to IAMAGHANAIAN.COM during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
"Personal Information" is information about you that is personally identifiable to you, like your name, address, email address, or phone number, as well as other non-public information that is associated with the foregoing.
4a. User Consent
We collect Personal Information that you submit to us voluntarily through our Sites.
â€¢ When you register for the IAMAGHANAIAN.COM network, we will collect your name, email address, your gender, date of birth and ZIP code.
â€¢ We may collect your telephone number from a mobile device and send you messages if you decide that you want to receive SMS, MMS, or other text messages from the Services.
â€¢ When you save other Personal Information in your profile we will collect any such information you enter.
â€¢ When you enter Personal Information throughout the IAMAGHANAIAN.COM network using one of the features of the IAMAGHANAIAN.COM network, for example journals, testimonials, groups, or message boards, we will collect any such information you enter ("Publicly Posted Information").
â€¢ When you contact us by sending us an email, we will collect your email addresses and any information contained in the email you send us.
Once you register with IAMAGHANAIAN.COM and sign in to our Services, you are not anonymous to us. If you are browsing the Sites without registering with "www.iamaghanaian.com", you are anonymous to us, but we will collect the information listed below under Personal Information Collected Via Technology. If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email inviting him or her to visit the site. IAMAGHANAIAN.COM stores this information to send these invitations, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
4c. Use of information
Any visitor of the Sites can view your profile information and photos that you have uploaded to the IAMAGHANAIAN.COM community. You can control what part of your profile information and photos is visible to visitors of the Sites and which network of IAMAGHANAIAN.COM members can see what information.
To provide you with some of the features that the IAMAGHANAIAN.COM community offers to its members, we may use Personal Information that is stored in your profile after you have requested such features, for example to send invitation emails to people that you specified as being interested in joining the IAMAGHANAIAN.COM community. In order to provide useful information about social networks to people who might be interested in joining the IAMAGHANAIAN.COM community, we may use your profile information and photos on the Sites and when we send emails, for example when we send birthday reminders to IAMAGHANAIAN.COM members or when we send general newsletters to members of the IAMAGHANAIAN.COM community. When you decide to view a Member's profile, we may show that IAMAGHANAIAN.COM Member that you chose to view their profile. If you don't want us to show to other IAMAGHANAIAN.COM members that you viewed their profile, you can change this in your privacy settings. When you provide us with your telephone number, we may use the telephone number to send you the communications that you have requested to receive. If you decide to use certain features of the IAMAGHANAIAN.COM network (like journals, testimonials, groups, message boards, locations, and the like), some of the Personal Information you entered into your IAMAGHANAIAN.COM profile and any information, including Personal Information, that you enter using one of these features, might be used and displayed.
IAMAGHANAIAN.COM members can use the search feature to search for other members by different criteria, like location or gender. The Personal Information that IAMAGHANAIAN.COM members enter into the IAMAGHANAIAN.COM profile will be used for these searches. Please note that if you choose to show your location, as provided by you or by the Carrier of the mobile device you are using, the information that is provided to the Services by the Carrier about your location will be used within your Member profile and can be viewed and searched by other Members and visitors of the Sites.
Please be aware that any information that is publicly posted throughout the IAMAGHANAIAN.COM network can be accessed by every visitor of the Sites.
IAMAGHANAIAN.COM may analyze any collected information for its own internal purposes. In addition, IAMAGHANAIAN.COM may remove personally identifying information from collected information to render it anonymous. IAMAGHANAIAN.COM may use Anonymous Information for any purpose and disclose Anonymous Information in its discretion.
4d. Information Sharing and Disclosure
We provide your Personal Information to third party service providers who work on behalf of or with IAMAGHANAIAN.COM under confidentiality agreements to provide some of the services and features of the IAMAGHANAIAN.COM community and to help us communicate with IAMAGHANAIAN.COMM embers. These service providers may use your personal information to communicate with you about offers and services from IAMAGHANAIAN.COM and our marketing partners. However, these service providers do not have any independent right to share this information.
If you decide to use one of the additional services that are offered by our partners, we may forward Personal Information to these partners to enable them to provide the services that you requested.
We also provide information to third-party advertising companies, as described in the next section.
If you would like to know (1) the categories of Personal Information about you that we disclosed in the prior calendar year to third parties for the purposes of the third parties' marketing and/or (2) the names and addresses of such third parties, please contact us.
4e. Third Party Advertising
We use third-party advertising companies to serve advertisements when you visit our Sites. These companies may use Personal Information, such as gender or age, and other information (not including your name, address, email address or telephone number) about your visits to the Sites and other websites, such as time of day of the login, IP address or information about the internet service provider (ISP) or mobile device Carrier, in order to provide advertisements on the Sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
4f. Personal Information Collected Via Technology
An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track your IP Address when you login to the Sites.
"Cookies" are small pieces of information that a web site sends to your computer's hard drive while you are viewing a web site. IAMAGHANAIAN.COM may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Sites. Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, some areas of the Sites may not work properly.
Other third parties may place advertisements and cookies on webpages within the IAMAGHANAIAN.COM network. Other companies' use of their cookies is subject to their own privacy policies, not this one.
4g. Your Ability to Edit and Delete Your Account Information and Preferences
We reserve the right to send you certain communications relating to the Service, such as service announcements, administrative messages and the IAMAGHANAIAN.COM Newsletter, that are considered part of your IAMAGHANAIAN.COM account. If you would like to opt out of certain messages, log into IAMAGHANAIAN.COM and go to your account settings by clicking the account link in the top right hand corner. On that page you can edit your preferences. If you would like to delete your account, log into "www.iamaghanaian.com", go to your account settings page by clicking the account link in the top right hand corner. On that page, right below the email address field you will see a link to cancel your account.
4h. Confidentiality and Security
We limit access to personal information about you to employees and third parties who we reasonably believe need access to that information to provide products or services to you or in order to do their jobs.â€¨
We have physical, electronic, and procedural safeguards to protect personal information about you and your IAMAGHANAIAN.COM account information is protected by a password that you select. IAMAGHANAIAN.COMuses industry-standard SSL encryption in certain areas of the Sites to protect data transmissions.
However, no company, including "www.iamaghanaian.com", can fully eliminate security risks associated with Personal Information.
4i. Other Sites
4j. regarding Children
We do not intentionally gather Personal Information about visitors who are under the age of 13.
Suite 35a, Eurolink Business Centre
49 Effra Road,
P. O. Box AT 9
Or E-mail us: privacy@iamaGhanaian.com
IAMAGHANAIAN.COM may update this policy from time to time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your IAMAGHANAIAN.COM account or by placing a prominent notice on our Sites. If you object to any such changes, you must cease using our Sites. Continued use of our Sites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
This Policy was last updated in October 2010