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Terms of Use

1.1 The website and the Terms of Use

Welcome to African Memories in a Box website. The following Terms of Use govern all access and use of the www.africanmemoriesinabox.com website and all content thereof (taken together, the “Website”). The Website is owned and operated by African Memories in a Box, Ltd., a company registered in Israel (the “Company”).

The Website is offered subject to your acceptance without modification of all the Terms of Use herein and the Privacy Policy as published on the Website (taken together, the “Terms of Use”). Please read the Terms of Use carefully before accessing or using the Website. The Terms of Use are a legal agreement and they constitute the full and sole agreement governing the access and use of the Website. By accessing or using any part of the Website, you agree to become bound by the Terms of Use. If you do not agree to all the terms and conditions of the Terms of Use, then you may not access or use the Website.

1.2 The purpose and intended audience of the Website

The Website provides basic and general information about the Company and its products and services in order to lead to direct contact between the Company and potential customers. The Website also aims to enable the potential customers to initiate contact with the Company. The website does not provide full and updated information on the Company and its products and services and you may not rely on the information in the website, but rather seek information directly from the Company.

The Website is intended only to individuals who are at least 18 years old. Please do not use the Website if you are under 18 years of age.

1.3 Modification or termination of Website

We may, at our sole discretion and at any time, change the format and content of the Website, including by adding or removing content, functionalities and/or features, and we may suspend or stop the operation of the Website or any part thereof altogether.

1.4 Accessibility

Diversity and inclusion are important to us and we strive to make our Website accessible to everyone. If you have any questions or suggestions regarding the accessibility of our Website, or come across any inconsistencies, please contact us. Below are a few tips to help you better access our Website:

Using browsers’ ‘zooming in’ tools: Most popular browsers, including Internet Explorer, Chrome, Firefox, Edge, Safari and Opera support the following mouse actions and keyboard strokes to zoom in and out on a web page. Use the Control key in Windows systems, and the Command key in Mac OS:

Windows: Hold the Control/Command key and scroll up or down to zoom in or out

Mac: Hold the Control/Command key and press + or – to zoom in or out

Magnifying your screen: Another way to make text easier to read is by magnifying your screen. All recent versions of Windows include a magnifier, which allows users to enlarge a portion of the screen. People with visual impairments, however, may find that they require fully-functional magnification software. Users running Apple’s OS X operating systems can use the in-built Zoom feature.

Using text-to-speech tools: Windows users can use Windows Narrator which converts on-screen text into speech. This is available in Windows 10 Windows 8/RT, Windows 7, Windows Vista and Windows XP. In Apple’s OSX operating system, users will find the VoiceOver feature. In addition, third-party screen readers are available such as JAWS (Job Access with Speech) and the freeware program NVDA.

1.5 Questions and complaints about the Website

If you have a question or complaint about the Website, please contact us.

1.6  Intellectual property rights

1.6.1 The intellectual property rights

This Website contains material, including text, images and other media, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by the Company or have been licensed to it by the owner(s) of those rights to be used in the Website. This Website may also contain trademarks and emblems. All trademarks included in this Website are either owned by the Company or have been licensed to it by the owner(s) of those trademarks to be used in this Website.

1.6.2 Permitted use

In addition to access and regular use of the Website, you may copy, reproduce and distribute content from the Website provided that (i) any particular webpage is reproduced in its entirety in its original form including trademarks and logos; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notice; (ii) all copies include a statement that they were reproduced with permission from the African Memories in a Box website and include the notice “(c)  African Memories in a Box Ltd.  All Rights Reserved”; (iii) the copies are distributed for the purposes stated in Article 1.2 above; and (iv) the copies are distributed at no charge. Notwithstanding the foregoing, except as authorized by the copyright laws, you are solely responsible for obtaining permission before re-using any third party copyrighted materials that are available on the Websites.

1.6.3  Prohibited use

Other than as specifically described above, you may not copy (including by downloading or storing on disk or in the cloud), distribute, modify, prepare derivative works based on, or otherwise use the content of the Website without prior written consent from the Company.  You may not remove any copyright, trademark or other intellectual property notices printout of the Website or any part thereof.

1.7  Liability and indemnification

1.7.1  Liability

While we strive to make the information on the Website accurate and clear, we make no claims, promises, or guarantees about the contents of the Website, including regarding accuracy, completeness, or adequacy of the contents of the Website and the adequacy of its built to your computer or smartphone, and expressly disclaims liability for errors and omissions in the contents of the Website. No warranty of any kind, implied, expressed, or statutory, including but not limited to freedom from computer virus, is given with respect to the contents of the Website or its links to other Internet resources.

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, officers, directors, employees, agents and/or other third party on its behalf be liable for damages, including any direct, indirect, punitive, incidental, special, consequential damages, and including for lost profits, revenues, or financial losses, arising out of the access to or use of Website or linked websites, even if we were advised of the possibility of such damages, especially use that is not within the purposes stated in Article 1.2 of the Terms of Use or is in violation of the Terms of Use or applicable laws. In the event of any problem with the Website or any part thereof, or if you are dissatisfied with the Website or any part thereof or the Terms of Use or any part thereof, you agree that your sole remedy is to cease using the Website.

1.7.2 Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents and/or other third parties on its behalf, against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms of Use or applicable laws.

1.8  Links to external websites

The Website may include links to external websites. These links are provided in order to help you find relevant websites and information which may be of interest to you quickly and easily. It is your responsibility to decide whether to access and/or use any of these external websites and the information they contain. Inclusion of any link does not imply endorsement of the website and the information it contains or any association with its operators. The Company is not responsible for these external websites and the information they contain, nor to the adherence of these websites with applicable laws, including with regards to protecting your privacy. Your use of linked websites is subject to the terms of use of these websites, including their privacy policies.

1.9  Data protection and privacy

Our Privacy Policy explains the way we handle and protect your personal data in relation to your access and use of the Website. The Privacy Policy is an integral part of the Terms of Use, and by accepting the Terms of Use you also accept our Privacy Policy.

1.10  The Agreement

1.10.1  Entire Agreement

The Terms of Use serve as the sole and entire agreement between the Company and those accessing or using the Website in connection with the access and use thereof.

1.10.2  Interpretation

The Terms of Use are to be interpreted in such manner as to be effective and valid under mandatory applicable laws.

The Terms of Use are not intended to limit the liability of the Company in contravention of any requirements laid down in mandatory applicable laws nor to exclude its liability for matters which may not be excluded under mandatory applicable laws and the provisions herein are to be interpreted accordingly.

1.10.3  Severability

Should any provision of the Terms of Use be declared unlawful, invalid, void, or otherwise unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

1.10.4  Modification of the Terms of Use

Within the limits of applicable law, the Company reserves the right to review and change the Terms of Use at any time, at its discretion and without notice, by amending the Terms of Use and the “Last Modified Date” as they appear on the Website. You are responsible for regularly reviewing these terms and conditions. Continued access to use and of the Website after such changes shall constitute your consent to such changes and to the Terms of Use as then in effect.

1.10.5  Survival

The provisions of the Terms of Use which by their nature should survive the termination of the Terms of Use shall survive such termination.

1.10.6  Waiver

No waiver of any provision of the Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

1.11  Applicable Law

You agree that the Website shall be deemed to be solely based in Israel, and that the Website shall be deemed a passive website that does not give rise to personal jurisdiction in jurisdictions other than Israel.

The Terms of Use are governed by and to be interpreted in accordance with the laws of the State of Israel and in the event of any dispute arising in relation to the Terms of Use or the Website, the competent courts of the State of Israel will have non-exclusive jurisdiction over such dispute.

Nothing in the Terms of Use is intended to derogate from your rights under the mandatory laws in your place of residence or use of the Website. If there is a conflict between the said rights and the Terms of Use, please notify us and do not use the Website unless the Website and/or Terms of Use are amended to respect the said rights.

 

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