African mixture mall Privacy Policy applies to use of this Site, and its terms are made a
part of these Terms of Use by this reference.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message or
information you send to the Site may be read or intercepted by others, even if there
is a special notice that a particular transmission (for example, credit card information)
is encrypted.
Links to Other Sites and to the African mixture mall Site
This Site may contain links to other independent third-party Web sites ("Linked Sites").
These Linked Sites are provided solely as a convenience to our visitors. Such Linked
Sites are not under African mixture mall control, and African mixture mall is not responsible
for and does not endorse the content of such Linked Sites, including any information
or materials contained on such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
African mixture mall DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND
"AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
African mixture mall CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. African mixture mall DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. African mixture mall
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR
ANY African mixture mall SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED
SITES. YOUR SOLE REMEDY AGAINST African mixture mall FOR DISSATISFACTION WITH
THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
African mixture mall reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site, or any
portion of the Site, for any reason; (2) to modify or change the Site, or any portion of
the Site, and any applicable policies or terms; and (3) to interrupt the operation of the
Site, or any portion of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will African mixture mall be liable to you for
any indirect, consequential, exemplary, incidental or punitive damages, including lost
profits, even if African mixture mall has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, African mixture mall is
found to be liable to you for any damage or loss which arises out of or is in any way
connected with your use of the Site or any Content, African mixture mall liability shall in
no event exceed the greater of (1) the total of any subscription or similar fees with
respect to any service or feature of or on the Site paid in the six months prior to the
date of the initial claim made against African mixture mall (but not including the purchase
price for any African mixture mall hardware or software products or any
African mixture mallCare or similar support program), or (2) US$100.00.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may
not apply to you
Indemnity
You agree to indemnify and hold African mixture mall, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys'
fees), made against African mixture mall by any third party due to or arising out of or in
connection with your use of the Site.
Violation of These Terms of Use
African mixture mall may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify, contact or
bring legal action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) African mixture mall rights or property, or the
rights or property of visitors to or users of the Site, including African mixture mall
customers. African mixture mall reserves the right at all times to disclose any information
that African mixture mall deems necessary to comply with any applicable law, regulation,
legal process or governmental request.
African mixture mall also may disclose your information when African mixture mall
determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that African mixture mall may preserve any transmittal or
communication by you with African mixture mall through the Site or any service offered
on or through the Site, and may also disclose such data if required to do so by law or
African mixture mall determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond
to claims that any such data violates the rights of others, or (4) protect the rights,
property or personal safety of African mixture mall, its employees, users of or visitors to
the Site, and the public.
You agree that African mixture mall may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if we
determine that you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Site. You also agree that any
violation by you of these Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to African mixture mall, for which monetary
damages would be inadequate, and you consent to African mixture mall obtaining any
injunctive or equitable relief that African mixture mall deems necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies
African mixture mall may have at law or in equity.
You agree that African mixture mall may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited to) (1)
requests by law enforcement or other government agencies, (2) a request by you (selfinitiated account deletions), (3) discontinuance or material modification of the Site or
any service offered on or through the Site, or (4) unexpected technical issues or
problems.
If African mixture mall does take any legal action against you as a result of your violation
of these Terms of Use, African mixture mall will be entitled to recover from you, and you
agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any
other relief granted to African mixture mall. You agree that African mixture mall will not be
liable to you or to any third party for termination of your access to the Site as a result
of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United Arab Emirates without regard to
its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal courts in
Sharjah, and waive any objection to such jurisdiction or venue. The preceding
provision regarding venue does not apply if you are a consumer based in the European
Union. If you are a consumer based in the European Union, you may make a claim in
the courts of the country where you reside.
Any claim under these Terms of Use must be brought within one (1) year after the
cause of action arises, or such claim or cause of action is barred. Claims made under
the separate terms and conditions of purchase for goods and services are not subject
to this limitation. No recovery may be sought or received for damages other than outof-pocket expenses, except that the prevailing party will be entitled to costs and
attorneys' fees. In the event of any controversy or dispute between African mixture mall
and you arising out of or in connection with your use of the Site, the parties shall
attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to exceed
thirty (30) days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the parties shall
be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
African mixture mall administers and operates the www. African mixture mall.org Site from its
location in Sharjah, UAE; other African mixture mall sites may be administered and
operated from various locations outside the United Arab Emirates.
Although the Site is accessible worldwide, not all features, products or services
discussed, referenced, provided or offered through or on the Site are available to all
persons or in all geographic locations, or appropriate or available for use outside the
United Arab Emirates. African mixture mall reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or service to any person or
geographic area. Any offer for any feature, product or service made on the Site is void
where prohibited.
If you choose to access the Site from outside the United Arab Emirates, you do so on
your own initiative and you are solely responsible for complying with applicable local
laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such
Content, or any product or service offered on the Site, in violation of any applicable
laws or regulations, including without limitation United Arab Emirate's export laws
and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision that
best embodies the intent of these Terms of Use, so that these Terms of Use shall
remain in full force and effect. These Terms of Use constitute the entire agreement
between you and African mixture mall with regard to your use of the Site, and any and all
other written or oral agreements or understandings previously existing between you
and African mixture mall with respect to such use are hereby superseded and cancelled.
Other than as provided in a purchase agreement you enter into with African mixture mall,
African mixture mall will not accept any counter-offers to these Terms of Use, and all such
offers are hereby categorically rejected.
African mixture mall failure to insist on or enforce strict performance of these Terms of
Use shall not be construed as a waiver by African mixture mall of any provision or any right
it has to enforce these Terms of Use, nor shall any course of conduct between
African mixture mall and you or any other party be deemed to modify any provision of
these Terms of Use. These Terms of Use shall not be interpreted or construed to confer
any rights or remedies on any third parties.
African mixture mall provides access to African mixture mall international data and, therefore,
may contain references or cross references to African mixture mall products, programs
and services that are not announced in your country. Such reference does not imply
that African mixture mall in your country intends to announce such products, programs or
services.
Feedback & Information
Any feedback you provide at this site shall be deemed to be non-confidential.
African mixture mall shall be free to use such information on an unrestricted basis.
