Terms and Condition of Service
PLEASE REVIEW THE TERMS AND CONDITIONS OF USE CAREFULLY AND
IN ITS ENTIRETY BEFORE USING THIS SITE. YOUR ACCESS TO AND USE OF African
American Spirituals'S SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, AS
WELL AS ALL APPLICABLE LAW AND REGULATIONS. YOUR ACCESS TO THE SITE IS IN
CONSIDERATION FOR YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE,
WHETHER OR NOT YOU ARE A REGISTERED USER. BY ACCESSING, BROWSING, AND USING
THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND
CONDITIONS OF USE. ALL DEFINED TERMS APPEAR IN THE GLOSSARY AT THE END OF
THE TERMS AND CONDITIONS OF USE.
There are sections of African American Spirituals's website that
may connect you to other sites outside of the control of African American
Spirituals. These terms and conditions apply only to those areas that are
registered under African American Spirituals's name. Please refer to the Terms of
Use for those sites outside of African American Spirituals's control.
Modification of the Agreement
African American Spirituals reserves the right to modify these Terms and
Conditions of Use at any time without notice. Without limiting the
foregoing, we will usually post a notice of such modifications on this page
and/or the home page of the Site. Any modification is effective immediately
upon posting the modification unless otherwise stated. Your continued use of
the Site following the posting of any modification signifies your acceptance
of such modification. Please always reread the Terms and Conditions of Use
if you see such a notice. You should periodically visit this page to review
the current Terms and Conditions of Use.
You agree to access and use the Site only for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all laws,
statutes, rules and regulations pertaining to your use of the Site. By
accessing the Site, you agree that you will not:
Use the Site to commit a criminal offense or to encourage
others to conduct that which would constitute a criminal offense or give
rise to a civil liability;
Post or transmit any unlawful, threatening, libelous,
harassing, defamatory, vulgar, obscene, pornographic, profane, or
otherwise objectionable content;
Use the Site to impersonate other parties or entities;
Use the Site to upload any content that contains a
software virus, "Trojan Horse" or any other computer code, files, or
programs that may alter, damage, or interrupt the functionality of the
Site or the hardware or software of any other person who accesses the
Upload, post, email, or otherwise transmit any materials
that you do not have a right to transmit under any law or under a
Alter, damage, or delete any content posted on the site;
Disrupt the normal flow of communication in any way;
Claim a relationship with or speak for any business,
association, or other organization for which you are not authorized to
claim such a relationship;
Post or transmit any unsolicited advertising, promotional
materials, or other forms of solicitation;
Post any material that infringes or violates the
intellectual property rights of another; or
Collect or store personal information about others.
Certain portions of the Site may be limited to registered users and/or allow
a user to request support or services online by entering personal
information. You agree that any information provided to us in these areas
will be complete and accurate, that you will not register under the name of,
nor attempt to enter the Site under the name of, another person, and that
you will not adopt a user name that African American Spirituals, in its sole
discretion, deems offensive. Also, you must be at least 18 years old to
become a registered user or to request support or services online. If you
are not of sufficient age, you will be removed from the registered area(s)
and/or denied support or services.
Termination of Use
African American Spirituals may, in its sole discretion, terminate or suspend
your access and use of this Site without notice and for any reason,
including for violation of these Terms and Conditions of Use or for other
conduct which African American Spirituals, in its sole discretion, believes is
unlawful or harmful to others. In the event of termination, you are no
longer authorized to access the Site, and African American Spirituals will use
whatever means possible to enforce this termination.
Links to Other Sites
Some links on the Site may lead to websites that are not operated by African
American Spirituals. African American Spirituals does not control these websites nor
do we review or control their content. African American Spirituals provides these
links to users for convenience. These links are not an endorsement of
products, services, or information, and do not imply an association between
African American Spirituals and the operators of the linked website.
Policy on Spamming
You specifically agree that you will not utilize email addresses obtained
through using African American Spirituals's website to transmit the same or
substantially similar unsolicited message to recipients, unless it is
required for legitimate business purposes. African American Spirituals, in its
sole and exclusive discretion, will determine violations of the limitations
on email usage set forth in these Terms and Conditions of Use.
Your use of the content of the Site is for informational purposes only. You
may not copy, download or use the content of this Site in any other manner
whatsoever without our prior written permission. African American Spirituals has
the right to monitor the content that you provide, but shall not be
obligated to do so. Although African American Spirituals cannot monitor all
postings on the Site, we reserve the right (but assume no obligation) to
delete, move, or edit any postings that come to our attention that we
consider unacceptable or inappropriate, whether for legal or other reasons.
United States and foreign copyright and trademark laws, treaties and
international conventions protect the contents of the Site. Any unauthorized
or unapproved use of any of the content of or copyrights or trademarks shown
in this Site constitutes copyright and/or trademark infringement and
subjects you to all civil and criminal penalties provided for under domestic
and international copyright and/or trademark laws, treaties and conventions.
You agree to abide by all copyright and trademark notices.
Intellectual Property Ownership
You agree that African American Spirituals own all worldwide rights, titles
and interests in and to this Site and the content set forth herein. You
acknowledge and agree that this Site and the content therein including,
without limitation, the images of various people related to African American
Spirituals, are copyrighted and are subject to protection
under domestic and international copyright laws and treaties as well as
other laws relating to intellectual property rights. All rights not expressly granted in the
Terms and Conditions of Use are reserved to us. No other rights or
licenses, whether express, implied, arising by estoppel, or otherwise are
conveyed or intended by African American Spirituals.
You agree to defend, indemnify, and hold harmless African
American Spirituals, the Government of the District of Columbia and their officers,
employees, agents, representatives, contractors, successors and assigns from
any and all liabilities and costs incurred by Indemnified Parties in
connection with any claim arising from any breach by you of these Terms and
Conditions of Use, including reasonable attorneys' fees and costs. You agree
to cooperate as fully as may be reasonably possible in the defense of any
such claim. African American Spirituals reserves the right to assume, at its own
expense, the exclusive defense and control of any matter otherwise subject
to indemnification by you. You in turn shall not settle any matter without
the written consent of African American Spirituals.
Disclaimer of Warranty
You expressly understand and agree that your use of the Site,
or any material available through this Site or by links to other websites,
is at your own risk. Neither African American Spirituals, Site
will be uninterrupted, problem-free, free of omissions, error–free, or that
our Site is free from viruses, unauthorized code, or other harmful
components; nor do they make any warranty as to the results that may be
obtained from the use of the Site. The content and function of the Site are
provided to you "as is," without warranties of any kind, either express or
implied, including, but not limited to, warranties of title,
merchantability, fitness for a particular purpose or use, or "currentness,"
non-infringement, or warranties by virtue of course of dealing or custom of
Limitation of Liability
In no event will African American Spirituals, be liable for any
direct, compensatory, incidental, indirect, special, punitive, exemplary, or
consequential damages, arising out of your use of or inability to use the
Site, including without limitation, loss of revenue or anticipated profits,
loss of goodwill, loss of business, loss of data, computer failure or
malfunction, or any and all other damages.
If, notwithstanding the other terms within the Terms and
Conditions (or any other agreement between you and African American
we should have any liability to you for any loss, harm or damage, you and we
agree that such liability shall under no circumstances exceed $100.00.
You and we agree that the foregoing limitation of liability is an agreed
allocation of risk between you and us.
Choice of Law. This Terms and Conditions of Use shall
be governed by, construed and enforced in accordance with the laws of the
District of Columbia, without giving effect to any principles of conflicts
of law. In rendering an award pursuant to an arbitration action, the
arbitrator shall determine the rights and obligations of the parties
according to the substantive and procedural laws of the District of
Columbia. The laws of the District of Columbia shall apply to all uses
of the website, its data and this system. By use of the website and
any data contained therein, you agree that your use shall conform to all
applicable law and regulations and you shall not violate the rights of any
third parties. Courts located within the District of Columbia shall
have jurisdiction over all matters related to this Terms and Conditions of
Waiver. The waiver by us of a breach of any provision
of the Terms and Conditions of Use shall not operate or be construed as a
waiver of any other or a subsequent breach of the same or a different kind.
Assignment. We may freely assign our rights under the
Terms and Conditions of Use. However, you may not assign your rights
without prior written permission, which may be refused in our sole
discretion. Any attempt by you to assign your rights without our
permission shall be void.
Severability. If any provision of the Terms and
Conditions of Use shall be held by a court of competent jurisdiction to be
contrary to law, the remaining provisions shall remain in full force and
As used in the Terms and Conditions of Use, the following
words shall have the following meanings:
“Content” refers to the photographs, illustrations, images,
text, audio and software that are contained on or made available to you
through this Site.
“Site” refers to this website, its data and system.
“We” “us” and “our” refer to African American Spirituals, and their
officers, employees, agents, representatives, contractors, successors and
any other parent, subsidiary and related agencies. When any of these
terms are used in relationship to Content, they also include the persons or
entities that license or supply such Content to us.
“You” and “your” refer to the user that uses this Site and
the user’s employer or principal if the user’s use of this Site is on behalf
of such employer or principal.
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