Effective Date: August 30, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. African Flair, Inc. may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of African Flair, Inc. or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of African Flair, Inc. or such third party that may own the displayed Trademarks.
- Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase of African Flair, Inc. products for personal use, information, education, entertainment, and communication with African Flair, Inc. You may download, copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site.
- User Comments and Other Submissions.
While African Flair, Inc. desires to receive feedback from its customers, please do not send African Flair, Inc. any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)”). African Flair, Inc. is under no obligation to use or compensate you for your Submissions. African Flair, Inc. will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
- No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute African Flair, Inc. endorsement of those Submissions. African Flair, Inc. is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
- Third-Party Links.
Third-party links on this Site may direct you to third-party websites that are not affiliated with African Flair, Inc. that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. African Flair, Inc. is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
- Prohibited Uses.
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its Content for reasons including but not limited to the following: (1.) for any unlawful purpose; (2.) to solicit others to perform or participate in any unlawful acts; (3.) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (4.) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5.) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6.) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (7.) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (8.) to interfere with or circumvent the security features of this Site, other websites, or the Internet. This list is in no way exhaustive. We reserve the right to terminate your use of the Site for violating any prohibited uses.
- Site Updates.
African Flair, Inc. undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. African Flair, Inc. reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
- Product and Pricing Information.
This Site, Content, product information, and any products sold through the Site are intended to comply with U.S. state and federal laws and regulations
African Flair, Inc. reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of African Flair, Inc… African Flair, Inc. reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
- Resale of Product.
This Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. African Flair, Inc. reserves the right to immediately bar access to the Site. African Flair, Inc. also may refuse to accept returns of such products.
- Limitations on Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT AFRICAN FLAIR, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AFRICAN FLAIR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AFRICAN FLAIR, INC., ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” AFRICAN FLAIR, INC. MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND AFRICAN FLAIR, INC. MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO AFRICAN FLAIR, INC. EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, AFRICAN FLAIR, INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
AFRICAN FLAIR, INC. RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND AEO WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD AFRICAN FLAIR, INC., IT’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TOU.
The TOU will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in this TOU to the contrary, the parties understand and agree that all terms and conditions of the TOU that may require continued performance, compliance, or effect beyond the termination date of this TOU will survive termination of the TOU and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 17, and 18. African Flair, Inc. may also terminate the TOU at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in African Flair, Inc. sole discretion, you fail to comply with any term or provision of the TOU. Upon any termination of the TOU by either you or African Flair, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the TOU or otherwise.
- Choice of Law and Forum; Consent to Electronic Communications.
These TOU will be governed and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or TOU, you submit to exclusive personal jurisdiction and venue of the courts located in Bell County, Texas.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Privacy Statement.
- No other Agreements.
By agreeing to the TOU, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given African Flair, Inc. your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the TOU constitute the entire agreement between you and African Flair, Inc. related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.