Welcome to AfricanArtVillage. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.
1. Accepting These Terms
The Terms are a legally binding contract between you and AfricanArtVillage. If you live in North or South America, Africa, Asia, Europe, or Oceania the contract is between you and AfricanArtVillage.
Please note that Section 11. Disputes with AfricanArtVillage, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use AfricanArtVillage.com. So please read it carefully. By using any of our Services, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Your Privacy
Both AfricanArtVillage and sellers (artits) process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller(Artist) accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not AfricanArtVillage, will be responsible for that unauthorized disclosure.
If, however, AfricanArtVillage and sellers are found to be joint data controllers of buyers’ personal information, and if AfricanArtVillage is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify AfricanArtVillage for the expenses it occurs in connection with your processing of buyer personal information.
3. Your Account with AfricanArtVillage
You’ll need to create an account with AfricanArtVillage to use some of our Services. Here are a few rules about accounts with AfricanArtVillage:
- You must be 18 or older to use our Services.Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use AfricanArtVillage or the Services.
- Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
- Choose a nice username.A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
- You are responsible for your account.You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
- Let’s be clear about our relationship. These Terms create a, partnership, joint venture, relationship between you and AfricanArtVillage.
- This detailed Help answer any questions you have about registering an account with AfricanArtVillage.
4. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
- Responsibility for Your Content.You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our Services, you grant AfricanArtVillage a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help AfricanArtVillage function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
- Rights You Grant AfricanArtVillage. By posting Your Content, you grant AfricanArtVillage a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote AfricanArtVillage, your AfricanArtVillage shop, or the Services in general, in any formats and through any channels, including across any AfricanArtVillage Services or third-party website or advertising medium.That sounds like a lot, but it’s necessary for us to keep AfricanArtVillage going. Consider these examples: if you upload a photo of a listing on your AfricanArtVillage shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and AfricanArtVillage’s.
- Reporting Unauthorized Content.AfricanArtVillage has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on AfricanArtVillage’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- Don’t Use Our Services to Break the Law.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against AfricanArtVillage, another AfricanArtVillage user, or a third party.
- Don’t Steal Our Stuff.You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- Don’t Try to Harm Our Systems.You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Follow Our Trademark Policy.The names “AfricanArtVillage” and the other AfricanArtVillage marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, of AfricanArtVillage. If you’d like to use our trademarks, please follow our Trademark Policy.
- Share Your Ideas.We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to AfricanArtVillage (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Talk to Us Online.AfricanArtVillage will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
- Termination By You.We’d hate to see you go, but you may terminate your account with AfricanArtVillage at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
- Termination By AfricanArtVillage.We may terminate or suspend your account (and any related accounts) and your access to the Services if you did not obey the terms of our parternership. If you or AfricanArtVillage terminate your account, you may lose any information associated with your account, including Your Content.
- We May Discontinue the Services.AfricanArtVillage reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
7. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
- Items You Purchase.You understand that AfricanArtVillage does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so AfricanArtVillage cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You may lay your complain to AfricanArtVillage. You release AfricanArtVillage from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
- Content You Access.You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. AfricanArtVillage is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
- People You Interact With.You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Warranties. AfricanArtVillage is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither AfricanArtVillage, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms.
8. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if AfricanArtVillage gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend AfricanArtVillage (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
9. Disputes with Other Users
If you find yourself in a dispute with another user of AfricanArtVillage’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website may participate in our case system. You can find details about the case system in this Help article. AfricanArtVillage will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims..
Release of AfricanArtVillage. You release AfricanArtVillage from any claims, demands, and damages arising out of disputes with other users or parties.
10. Disputes with AfricanArtVillage
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law.The Terms are governed by the laws of Nigeria. These laws will apply no matter where in the world you live, but if you live outside Nigeria or Cameroon, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- Arbitration.You and AfricanArtVillage agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and AfricanArtVillage are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis..
- If we make any changes to this “Disputes with AfricanArtVillage” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against AfricanArtVillage prior to the date the changes became effective. AfricanArtVillage will notify you of substantive changes to the “Disputes with AfricanArtVillage” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send AfricanArtVillage a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and AfricanArtVillage in accordance with the provisions of this “Disputes with AfricanArtVillage” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
12. Contact Information
If you have any questions about the Terms, please email us at: email@example.com.