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 Terms of Use & Disclaimers

May 1, 2010

Welcome to .com, the Website of Ghana’s expatriate community, an online Media published by Rebarnight Limited (both hereinafter referred to as ‘Rebarnight Ltd.’, ‘.com’, ‘the Website’ or ‘Site’ or ‘the Service’).

Unless otherwise specified, the terms ‘includes’, ‘including’, ‘such as’, ‘for example’, and other similar terms are deemed to include the term ‘without limitation’ immediately thereafter. 

Copyright of the Website is owned by Rebarnight Limited. The names, images and logos identifying Rebarnight Ltd., .com and their products and services, are proprietary marks of Rebarnight Ltd. and/or may be the proprietary marks of third parties. Any use made of these marks without obtaining permission may be an infringement of rights in those marks and Rebarnight Ltd. reserves all rights to enforce such rights.

By accessing or using our Website at www..com, you are deemed to have read, understood and agreed to the Terms of Use, By using this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, and that you are not prohibited by law from using the Website. Should you object to any terms or conditions of the Terms of Use, any guidelines or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of .com. These Terms of Use also apply to the various services, including all information, communications, links, software, newsletters, products, services, other materials and any and all other services that may be added, offered or provided to you from time to time through the Website. In addition, when using particular .com features and services, you shall be subject to any posted guidelines applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Some areas and features of .com require registration and are restricted to registered users and authorized administrators only. By completing the initial registration details and by entering your login details, you will be deemed to have accepted these terms and conditions.. If you register with .com, you should read its Privacy Policy.

We reserve the right to change and modify the Terms of Use any time, without further notice. The date when the terms were last changed will be indicated. Your continued use of the Website shall be deemed and construed as your conclusive and binding acceptance of the revision or updated terms. If you do not agree with the modified Terms of Use, you should not use nor visit the Website anymore. 

In addition, particular service(s) added, offered or provided to you through the Website, may be subject to additional guidelines and/or rules. In such an event, all such guidelines and/or rules shall be deemed incorporated in these Terms of Use by reference. .com may also offer other services that are governed by different Terms of Service/ Terms of Use. Use of such other services shall accordingly be subject to such different Terms of Service/ Terms of Use.

If you act against any part of the Terms of Use, this may result in termination of your membership of the Website and access will not be permitted anymore. Such unauthorized use may also violate applicable laws in Ghana or in your country of residence or internationally. You understand and agree that .com may, but is not obliged to, delete or remove (without notice) any Website content or user content in its sole discretion, for any reason or without reason, including user content that in the judgment of acraexpat.com does not comply with this agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of this Website or others.

Access for Members of .com to Members’ only areas of the Website is controlled by username and password. You may access these reserved areas of the site on the basis that:

1. Your username and password are personal to you and shall not be used by anyone else to access these reserved areas; 2. You provide true, accurate, current and complete information about yourself as requested in the application; 3. You do not do anything that would assist anyone who is not a Member to .com to gain access to these reserved areas or any documents contained therein; 4. You do not maliciously create additional registration accounts for the purpose of abusing the functionality of the Website or other users; nor pretend to be any person or entity then yourself, and not misrepresent yourself, your age or your affiliation with any person or entity; 5. You agree that you are responsible for and maintain the security of your password and private data; 6. You agree to update data and information once necessary in order to keep them correct, accurate and complete: 7. You are fully responsible for the use of your account and for any actions you take using your account; 8. You have read and understood the Terms of Use and the Privacy Policy.

 .com reserves the right to restrict registration to the Website  in any manner and to delete Member’s accounts at its discretion while informing concerned Members. You must be over 18 and hold citizenship of a country other than Ghana to register as a Member on .com and use the Website as such.

.com reserves the right to cancel your account and/or refuse you access to restricted areas at any time. .com shall not be liable for any losses or damages whatsoever arising from your inability to access any pages on the site.

 By using the Website, you are consenting to have your personal data and any other content you might upload on .com, transferred to and processed in the United States of America.

You can apply for and buy a number of services via the Website. Please be aware that the some of the services that appear on the Website may not provided by .com and may be provided by third parties which have been selected but over whom we do not have control. You should satisfy yourself that you wish to purchase those services before contracting with the third parties. We accept no liability for any services or information provided by third party providers. The third party providers will be supplying services on their own standard Terms and Conditions and you should check that you agree to those Terms and Conditions before purchasing these services. As you view the Website, there may be references to specific Terms and Conditions which apply to certain services. In such circumstances, it is your responsibility to refer to such Terms and Conditions applicable to those offers.

 All content on .com, is the property of Rebarnight Ltd. Except your own user content and unless specifically mentioned, nothing on this Website  may be (completely or partly) modified, copied, distributed, reproduced, republished, downloaded, displayed, transmitted, used, or sold in any form, without written permission of .com. Any type of data mining and other data collection methods is strictly prohibited.

You understand that the Website is only available for your personal, non-commercial use, unless indicated otherwise - subsequently the classifieds may only be used for personal, non-commercial matters. You agree not to use this Website  to collect email addresses or other contact information of users from the Website for the purposes of sending uncalled-for emails or other communication; you agree not to use this Website in any way that could damage, disable, overload or impair the Website ; you agree not to use a Member account on behalf of anyone other than yourself or yours (unless you are authorized to do so), or register for a Member account on behalf of any individual, group or entity; you agree not to use this Website to intimidate or harass another.

You agree not to use this Website to submitted on or through, upload, post, transmit, share, store or otherwise make available any materials and content that will violate or infringe upon the rights of any third party or that we consider harmful, threatening, slanderous, unfounded, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Website or which may expose .com or its users to any harm or liability of any type or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please notify .com for notice of claims of copyright or other intellectual property infringement at contact@accraexpat.com providing the following information a) Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. .com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

 Though back-ups of the Website are made on a regular basis, you understand you are responsible for creating back-ups and copies of any user content you have posted or stored or you have posted or will post or information that you have provided or will provide to .com. You understand that and agree with the fact that by using this Website  you authorize us for editing, removing, copying and making back-ups of any user content you submit to this Website. You understand and agree that, if you decide to remove your user content, .com may keep archived copies of it.

Content on the Website is provided in good faith and for general information. At no point does it constitute legal advice and should not be relied upon for this purpose. All uses of any other information posted on the Website are at your own risk. .com is not liable for any content of third party Website s provided through links on this Website. We have not investigated or monitored any of these links or Website contents of third parties. These Terms also apply to all classifieds and advertisements posted on or through this Website, and all transactions taking place in connection with them. Parties in any transaction established through an ad on the Website, are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into. While .com has endeavored to ensure, to its satisfaction, the legitimacy and accuracy of the advertisements included in the newspaper at the time of publication, it cannot accept liability for loss or damage that any of its readers may directly or indirectly suffer or occur as a result of relying on such advertisements or in any dealing with any party placing such advertisements.

 .com does not always monitor, verify or endorse information submitted by third party providers

but shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available for violating the Terms of Use or for any other reason. .com is not responsible or liable in any manner for any user content or third party content posted on the Website, whether posted or caused by users of the Website, by third parties or by any of the equipment or programming associated with or utilized in the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any user content or third party applications, software or content. .com is not responsible for the conduct, whether online or offline, of any user of the Website .

.com reserves the right, but has no obligation, to monitor disputes between you and other users. You understand and agree that you are solely responsible for your interactions with other .com users.

The Website may be temporarily unavailable from time to time for maintenance or other reasons. .com is not responsible for any error, interruption, deletion, defect, delay in the use of the Website  and its functionalities, nor for theft or destruction or unauthorized access to, or alteration of user communications. .com is not responsible for any malfunction or other problems of any computer systems, server or provider, computer or mobile equipment, software, failure of email or technical problems or traffic congestion on the internet or at any Website, including damage to any person's computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the Website. .com will not be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Website, any user content or third party content posted on or through the Website or the service or transmitted to users, or any interactions between users of the Website, whether online or offline.

.com disclaims all representations and warranties and does not guarantee any specific results from use of the Website. .com does not represent or warrant that software or content on the Website is accurate, complete, reliable, current or error-free. .com takes reasonable precautions to prevent computer viruses, other malicious programs or other harmful components on the Website but no liability is accepted for them and you must take your own precautions in respect of using and downloading of any content and use officially recognized software to detect and disinfect viruses. You understand and agree that what you obtain through or from this Website at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to any of your equipment, loss of data or other harm that may result.

In no event will .com or its employees or its owners, be liable to you or any third person, for any direct or indirect damages, including loss of profits or loss of data, arising from your use of the Website or Website content or materials on or accessed through or downloaded from this Website , even if .com is aware or has been advised of the possibility of such damages. 

.com welcomes your questions, comments and feedback and uses this information to improve the Website. You acknowledge and agree that all questions, comments and feedback about the Website that you provided to .com, are non-confidential and will become the property of .com. By submitting your feedback, you give .com a worldwide, perpetual, irrevocable, royalty-free license to reproduce, communicate, re-publish, edit, adapt, broadcast or otherwise use all or part of your feedback in any form and media, and to sublicense those rights to others. You also consent to .com editing, re-using, storing, reproducing and communicating your entry in any medium. All without acknowledgment or compensation to you. Wherever possible, we will attribute your feedback, so let us know if you don't want your name acknowledged.

You acknowledge and agree that .com may, in its sole discretion, preserve or disclose content, as well as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, respond to claims that any content violates the rights of third-parties or protect the rights, property, or personal safety of accraexpa.com, its users and Members or the general public.

.com reserves the right to change any and all content (including specifications and prices for advertising), software and other items used or contained in the Website offered through the Website at any time without notice.

Before listing, mentioning or accepting to list or mention a company or individual on .com, we may conduct due diligence.

Notice

All electronic communications made pursuant to the use of the Website shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document.

The legally binding nature, validity or enforceability of any transaction on the Website on the ground that it was entered into electronically shall not be contested.

Governing Laws

These Terms of Use shall be governed by Ghana laws and any dispute arising out of the use of the Website shall be referred to the Ghana courts.

Thank you.
.com



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