All use of www.newafricanmagazine.com is subject to the terms and conditions set forth below. Please read these terms carefully. By accessing the web site at www.newafricanmagazine.com (‘THE SITE) or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with IC Publications (‘ICP’) and to have agreed to be bound by the terms set out below. The Site is owned and operated by IC Publications. ICP reserves the right to change the terms of this Agreement.
I. Use of THE SITE
ICP hereby grants you a non-exclusive, non-transferable license to access and use THE SITE for the fees and under the terms described in this Agreement.
The contents and design of THE SITE and any material e-mailed to you or otherwise supplied to you in conjunction with THE SITE are copyright of IC Publications and its partners. Except as expressly permitted in this Agreement, THE SITE may not be reproduced, transmitted, or distributed without ICP’s permission. The User may not commingle any portion of THE SITE with any other information and shall not edit, modify, or alter any portion.
In addition, User may not:
1. use THE SITE for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of THE SITE, any data or content found on or accessed through THE SITE, or any other THE SITE information without prior express written consent of ICP;
3. obtain or attempt to obtain through any means any materials or information on THE SITE that has not been intentionally made publicly available either by public display on THE SITE or through accessibility by a visible link on THE SITE;
4. violate any measure employed to limit or prevent access to THE SITE or its content;
5. violate the security of THE SITE or attempt to gain unauthorized access to THE SITE, data, materials, information, computer systems or networks connected to any server associated with THE SITE, through hacking, password mining or any other means;
6. interfere or attempt to interfere with the proper working of THE SITE or any activities conducted on or through THE SITE, including accessing any data, content or other information prior to the time that it is intended to be available to the public on THE SITE;
7. take or attempt any action that, in the sole discretion of ICP, imposes or may impose an unreasonable or disproportionately large load or burden on THE SITE or the infrastructure of THE SITE.
Any use of THE SITE or its content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to IC Publications, 7 Coldbath Square, London EC1R 4QL, United Kingdom, and may be subject to a fee.
II. NO WARRANTIES/LIMITATIONS ON LIABILITY
IC PUBLICATIONS MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE AND IT’S CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO US AND OUR PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED ON AN "AS IS" AND "IS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE.
IC PUBLICATIONS SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL IC PUBLICATIONS, ITS MAGAZINES AND THE SITE NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITE.
III. Term and Termination
IC Publications may, in its discretion, terminate or suspend your access to all or part of THE SITE (including any right to access and use THE SITE’s content) with or without cause.
The rights of termination are in addition to all other rights or remedies of ICP provided in these Terms or by law.
IV. Changes to THE SITE
IC Publications reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the content available on THE SITE at any time and to restrict the use and accessibility of THE SITE.
We make no representations whatsoever about any other sites that you may access through THE SITE or that may link to THE SITE. When you access any other website you understand that it is independent from THE SITE and that we have no control over the content or availability of that website. In particular, you agree that any dealings you have with such third party site operators (including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings) shall be on the terms and conditions (if any) of the third party operator and a matter solely between such third party operator and yourself.
In addition, a link to any other website does not mean that we endorse or accept any responsibility whatsoever for the content contained on such website or the use by you of it. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such site or resource.
VI. Advertising, Third Party Content and other Web Sites.
Parts of THE SITE may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on THE SITE complies with international and national law. ICP is not responsible for any third party content or error, omission or inaccuracy in any advertising material.
VII. Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one month after the cause of action has arisen, or such cause will be barred, invalid, and void.
VIII. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of ICP, ICP shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.