Acceptance of Terms
Membership and Eligibility
tourdafrique.com is a TdA’s website which encompasses information on the company and its activities as well as social networking service for its DreamTours™ web pages that allows those individuals who register to become members (“Members”) to receive TdA Services and to create unique personal profiles online in order to find and communicate with other interested parties. If you wish to become a Member, communicate with other Members and make use of the TdA Services, you must read these Terms and communicate your acceptance of these Terms (which also includes any other terms and conditions associated with your use of the TdA Services for which you have subscribed during or any time following the Member registration process).
In order to register as a Member of tourdafrique.com or access and use this Website you must be OVER THE AGE OF 18 OR BE OVER THE AGE OF 13 AND OBTAIN PERMISSION FOR USE OF THE SERVICES FROM A PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS AND CONDITIONS OF THESE TERMS. By using the Website or the Services you represent and warrant that you are at least 18 years old or that you are the parent or legal guardian of a person that is 13 years of age or older that is accessing the TdA Website or receiving TdA Services, and you have the right, authority and capacity to enter into and abide by all of these Terms. Your profile may be deleted and membership may be terminated without warning, if we have reason to believe that you are less than 13 years of age.
Throughout these Terms the terms “us”, “we” and “our” refer to TdA, including its successors and assigns; the terms “your” and “you” refer to the individual that has accepted these Terms, and includes any user operating under your Membership ID and password, or in the case where the person accessing the TdA Website or receiving TdA Services is 13 or older, but younger than 18, “you” refers to such person and his or her parent or legal guardian. As a parent or legal guardian, you agree to be responsible for any act or omission of any user older than 13 but younger than 18 that you permit to access and use the TdA Website or receive the TdA Services, or both.
When you sign up to become a Member, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another Member at any time or to disclose your password to any other person (except a parent or guardian if you are a user 13 years of age or older and less than 18 years old). You agree to notify TdA immediately if you suspect any unauthorized use of your account or access to your password. You agree to hold TdA harmless for any damage arising from a third party accessing the Services using a password you disclosed, lost, had stolen, etc.)
Non-Commercial Use by Members
The TdA Services are for personal use of Members only and may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by TdA. Illegal or unauthorized use, or both, of the TdA Services, including collecting user names, e-mail addresses or other personally identifiable information of Members, by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the TdA Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the TdA Services.
Proprietary Rights in Content on tourdafrique.com
The TdA Services and TdA Website contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials created by or for, or otherwise owned by tourdafrique.com, and are protected by copyright, trade-mark, patent, trade secret and other intellectual property rights, as tourdafrique.com owns or has a license to use and it retains all rights in the tourdafrique.com Content, the TdA Services and the TdA Website. tourdafrique.com reserves all rights not expressly granted in and to the tourdafrique.com Content
tourdafrique.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the tourdafrique.com Content (excluding any software code) solely for your personal use in connection with viewing the TdA Website and using the TdA Services. Except as expressly authorized by tourdafrique.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of tourdafrique.com’s Content.
Third Party Content
The TdA Services and TdA Website may also contain text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials of other tourdafrique.com licensors, suppliers or advertisers (“Third Party Content”). Except as otherwise expressly stated in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell or otherwise distribute, any Content appearing on or through the TdA Services. For the purpose of these Terms, “Content” refers to tourdafrique.com Content and Third Party Content.
tourdafrique.com respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the TdA Website or TdA Service any text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other content that violates another party’s intellectual property rights. According to the Digital Millennium Copyright Act, all notifications of alleged copyright infringements will result in the immediate removal of the content and the termination of the account of repeat offenders.
You acknowledge and agree that tourdafrique.com has no responsibility for monitoring, filtering or pre-screening Your Content or Third Party Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that violates these Terms. tourdafrique.com may previews a user’s content before it is posted on the Website to ensure conformance with these Terms.
You are solely responsible for Your Content and for your interactions with other Members or others using the Web Site or the tourdafrique.com Services (including but not limited to interactions with other users) and tourdafrique.com does not and has no obligation to monitor any Member’s use of the Services. tourdafrique.com does not endorse and has no control over Your Content or Third Party Content. That Content is not reviewed by tourdafrique.com prior to its posting and does not reflect the opinions or policies of tourdafrique.com. tourdafrique.com makes no warranties, express or implied, as to Your Content or Third Party Content or as to the accuracy and reliability of that Content or any material or information that you transmit to other Members or others accessing and using the TdA Website, Content or TdA Services.
Code of Conduct
Posting by you of any illegal or prohibited Content or engaging in certain illegal or objectionable conduct may, in our sole discretion, result in termination of your Membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the TdA Website and, if necessary, reporting violators to the appropriate law enforcement authorities. Content and conduct that is prohibited includes, but is not limited to, Content and conduct that, in our sole judgment:
- 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
- harasses or advocates harassment of another person
- involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication
- results in the falsification of IP address information, modification of message headers to conceal your identity or to impersonate others, or is for the purpose of circumventing this Code of Conduct;
- interferes with or disrupts the Services or the servers or networks used to provide or receive the Services or you disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the Service
- includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous
- constitutes or includes any illegal or unauthorized copy of another person’s copyrighted or copyrightable work, including, but not limited to (1) pirated computer programs or links to them, (2) information that circumvents manufacturer-installed copy-protect devices, or (3) pirated music or links to pirated music files
- displays pornographic or sexually explicit material of any kind
- includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or other harmful code
- solicits passwords or personally identifying information for commercial or unlawful purposes from other Members
- covers or obscures the banner advertisements on your personal profile page, or any tourdafrique.com web page via HTML/CSS or any other means.
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes
Even though all of the Content and conduct that is described above is strictly prohibited, you might nonetheless become exposed to prohibited Content while using the Website or the Services. If so, because we do not control the posting of such Content, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or licensors will in any way be responsible for any damages (to or from any party) related to any such exposure.
Privacy and Use of Information
You acknowledge that (a) we cannot ensure the security or privacy of Content you provide through the Internet and your private messaging, and you release us from any and all liability in connection with the use of such Content by other parties; (b) we are not responsible for, and cannot control, the use by others of any Content which you post on the Services or provide to them and you should use caution in selecting the personal information posted or provided to others through the Services; and (c) we cannot assume any responsibility for the Content sent by other users of the Services, and you release us from any and all liability in connection with the Content of any communications you may receive from other users.
Inclusion of an External Link on the TdA Services does not imply approval or endorsement of that website by tourdafrique.com. Furthermore, tourdafrique.com is not responsible for third party advertisements which are posted on this TdA Website or through the TdA Services, nor is it responsible for the goods and services provided by its advertisers.
These Terms shall remain in full force and effect while you access and use the Website and during the time that you are a Member using the TdA Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Members’ account page. tourdafrique.com may terminate your membership for any reason, at any time. Where possible, we will use reasonable efforts to give Members fair notice of termination of their access to the Services. Even after your Membership is terminated, certain sections of these Terms will remain in effect.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. tourdafrique.com AND TdA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
tourdafrique.com AND TdA MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM tourdafrique.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL tourdafrique.com, OR TdA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE tourdafrique.com WEBSITE OR THE TdA SERVICES, WHETHER ONLINE OR OFFLINE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR tourdafrique.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL tourdafrique.com OR TdA’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF 10 DOLLARS ($10.00).
BY PARTICIPATING IN ANY OFFLINE TdA EVENT, YOU AGREE TO RELEASE AND HOLD tourdafrique.com AND TdA HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE tourdafrique.com OR TdA EVENT.
tourdafrique.com and TdA shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. You will be responsible for providing your own communications equipment to access the Website via the Internet, and the Internet access charges thereon.
You agree to defend, indemnify and hold harmless, tourdafrique.com, TdA, our officers, directors, employees and agents, suppliers, licensors, sponsors and advertisers from and against any and all claims, damages, obligations, losses, costs and expenses, including without limitation reasonable legal fees and disbursements which we may suffer from your activities on or access to and use of the Website or the Service, including without limitation, any infringement or misappropriation of a third party’s intellectual property rights or other proprietary rights by Your Content, any breach by you of these Terms including, but not limited to, the Code of Conduct or any charges or complaints made by other parties against you regarding Your Content or otherwise. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim, including the associated defense costs. This defense and indemnification obligation will survive your use of the TdA Website, Services and the Terms.
This Website originates in Canada. Any claim or dispute arising from, or in relation to the Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions or your actual province or country of residence. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the Federal Courts located within the Province of Ontario. Additionally, you agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and is strictly excluded.
The design marks of TdA displayed or published on the TdA Website and the TdA Services are trade-marks or trade dress of TdA and TdA’s marks may not be used in connection with any product or service that is not TdA’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TdA or tourdafrique.com.
You do not have the right to assign these Terms or any of your rights to the Services to anyone. TdA has the right to assign any or all of its rights and obligations under these Terms or to the Services to any third party. At the election of TdA, if TdA’s obligations hereunder are assumed by a third party, TdA shall be relieved of any and all liability under these Terms.
These Terms constitute the entire agreement between you and TdA regarding the use of the TdA Services and the Website. The failure of TdA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.