Last Updated: 27/09/10

1. SERVICE USE RESTRICTIONS.

For the purpose of these Terms of Use, ‘Intellectual Property Rights’ refers to patents, database rights, copyright, design rights, trade marks (whether registered or not) and other similar rights (together with the right to apply for the protection of any such rights) belonging to both Afro-mp3 and companies that supply our website with Content files and any related technology, as well as images, samples and text. Any goodwill accruing from use of trademarks, business names and service marks under these Terms of Use shall vest in their owners as appropriate.

1.1. You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.

1.2. You may only use the Services and Content for your private, non-commercial use. You may not use the Services or Content in any way to provide, or as part of, any commercial service or application. All Content, including but not limited to that is streamed, downloaded or copied using the Services are protected by the England and Wales copyright laws and related laws of other jurisdictions, and are for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Content outside your normal circle of family and social acquaintances.

1.3.  To prevent illegal use, Content files may carry a digital watermark that allows the tracking of any subsequent illegal transfer. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file.

1.4. You must refrain from diverting Afro-mp3′s URL to personal homepages, reproducing Afro-mp3′s framing or designs, creating deep linking to the Website or creating derivative works thereof. You must not use Content or Services available at Afro-mp3 to divulge any event, venture or otherwise implied partnership.

1.5. Registered users are permitted to post reviews on products, publishing of which will be subject to Afro-mp3′s discretion. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to other Afro-mp3 sites and publications. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights. We reserve the right to publish, edit or remove any reviews without notification.

1.6.  In addition to any other remedies available in equity or law to Afro-mp3 and Afro-mp3 ‘s Content suppliers, failure to comply with any of the terms and conditions in this Section 1. “Service Use Restrictions” shall immediately terminate your access to the Content and the Services.

2. WARRANTIES

2.1. The products are provided for private domestic and consumer use only. Accordingly, Afro-mp3 does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Download Services or for any products or services purchased from Afro-mp3.

2.2. You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, “Content”) provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not Afro-mp3. You understand that by using the Service and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards.

3.  RIGHT TO TERMINATE OR MODIFY SERVICES

3.1. Afro-mp3 may amend these Terms of Use from time to time and place the new version on the Website. Your continued use of the Afro-mp3 following Afro-mp3’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms of Use, then your only remedy is to cease using the Download Services.

3.2. Afro-mp3 may terminate this Agreement and any Services at any time by e-mail or by publishing the changes on its website.  No waiver by us of any breach of these Terms of Use shall be considered as a waiver of any subsequent breach of the same or any other provision.

3.3. These Terms of Use supersede any and all other conditions, understandings, commitments, agreements or representations relating to your use of these Download services.  You are fully responsible for reading all information on this page and visiting the relevant links where appropriate within the Website.

3.4. If any provision of these Terms of Use shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts and the remainder of the affected provision shall be unaffected.

3.5. To the fullest extent permitted by law, these Terms of Use are subject to the laws of England and Wales.

© 2010 Mamela Ltd. All rights reserved. AFRO-MP3  and the AFRO-MP3  logo are trademarks of Mamela Ltd. Other names may be trademarks or registered trademarks of Mamela in the U.K. and elsewhere