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Golibe is an online digital store, providing sales service of African entertainment products, owned and operated by Golibe Inc, a subsidiary of Kalia Entertainment. By using any of these Web Services you agree to be bound by these Terms of Use when you register as a member.
Please read these conditions carefully before using the Golibe.com website. By using the Golibe.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Golibe.com service, you will also be subject to the terms, guidelines and conditions applicable to that service. If these Conditions of Use is inconsistent with such Terms, the Terms will control.
1. Registration: You may be required to become a Member in order to access any these Web Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. If you become a Member, your Member name and account may automatically be valid for any services offered by Golibe. However, you may also be required to provide additional information (such as but not limited to billing information) and complete additional registration steps. Your Membership is solely for your personal use, and you shall not authorize others to use your account. You agree to notify Golibe immediately of any unauthorized use of your Member name, password or account and you agree to indemnify and hold harmless Golibe, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
2. Membership: By using the Website and or any of the Web Services, you represent and warrant that any registration information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account and password to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Golibe immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You can access and update much of the information you provided us with in the Buyer Account area of the website. You further represent and warrant that you are at least 13 years of age or older and that your use of the Website and the Web Services shall not violate any applicable law or regulation. Golibe may terminate your membership and delete your Membership and any other information you provide without warning, if it is found that you are misrepresenting your age or identity.
3. Term: This Agreement shall remain in full force and effect while you use the Web Services, and/or are a Member. Golibe may terminate or limit your Membership or access to any part of the Web Services at any time, for any reason, including due to a prolonged period of inactivity or no reason, effective immediately and without liability. In certain cases where your account is terminated, Golibe may expunge your Membership information. If this occurs, you may be required to re-register as a Member in order to access the applicable Web Services. Even after membership is terminated, this Agreement will remain in effect.
4. Non Commercial Use by Members: The Web Services (including without limitation the Samples and Materials described below) are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by the management of Golibe. Illegal and/or unauthorized use of the Web Services, including collecting usernames and/or email addresses of Members by electronic or other means or unauthorized framing of or linking to the Web Services are 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 may be taken by Golibe for any illegal or unauthorized use of the Web Services.
5. Proprietary Rights in Content: Golibe or its licensors own and retain all proprietary rights in the Web Services. The Web Services contain copyrighted material, trademarks, and other proprietary information of Golibe and its licensors. Except for that information which is in the public domain or for which you have been given written permission by Golibe, you may not copy, modify, publish, create derivative works based on, transmit, distribute, perform, display, or sell any such content or information.
6. The Services: The products available on this website are solely for the purposes sales, except for contents that are free gifts (freebies) from Golibe to its subscriber/customers, which will be made available on the website for free download with the consent of the right holders of the same contents. The Service enables you buy any product you choose by download, with your credit card or Paypal account at the specified price according to product. It also allows you to stream any content, be it audio or video for a specified length of time, depending on the content’s product category. To discover and select music, videos or movies, you can search and browse the Website using the content search features, after which you will be able to stream the contents that you select via a Golibe-provided web-based media player and purchase your chosen products.
7. Cost: Membership of the Golibe is free for all intended members/subscribers. The prices of the various products available for sale on this website (as shown on the product info for each of the products) were agreed upon between Golibe and its licensors, and are subject to change whenever the two parties deem it necessary.
8. Access to Golibe.com: We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
9. Modification: This Agreement sets out the legally binding terms for your use of and Membership in the Web Services. Golibe may modify this Agreement from time to time and such modification shall be effective upon posting by Golibe on the Website. You agree to be bound to any changes to this Agreement when you use any of the Web Services after any such modification is posted.
10. Limited Catalog, Loss of Rights: Golibe does not guarantee that any particular product(s) will be made available via the Service and Golibe may at any time lose the right to make certain products available that it has previously offered.
11. User Content Posts and Links:
i. Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
ii. Violates any law, statute, ordinance or regulation.
iii. Harasses or advocates harassment of another person.
iv. Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
v. Promotes false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
vi. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files and/or otherwise infringes the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party.
vii. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
viii. Exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
ix. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
x. Solicits passwords or personally identifying information for commercial or unlawful purposes from other users.
xi. Involves commercial activities and/or sales without Golibe’s prior written consent such as contests, barter, advertising, or pyramid schemes.
xii. Uses sexually suggestive imagery or any other unfair, misleading or deceptive content.
e) You may not attempt to impersonate another user or person.
f) You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
g) You may not sell or otherwise transfer your profile.
h) You agree that you will not: (i) take any action that imposes, or may impose in Golibe’s sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of any of the Web Services, or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website or any of the Web Services.
12. Copyright Policy: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Golibe to remove or disable access to infringing material, to notify the relevant Member that it has removed or disabled access to the material, and to terminate Membership privileges of any Member who infringes copyright
Without limiting the foregoing, if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Golibe's copyright agent with the following information:
b) An identification of the copyrighted work or other intellectual property interest that you claim has been infringed (e.g. "My copyrighted work entitled ABC has been infringed").
c) An identification of the material you claim is an infringement (e.g. "The text ABCD infringes my work entitled ABC") along with enough detail about its location that we may find the allegedly infringing work on the Website or through the Golibe products or services.
d) Your address, telephone number, and email address.
e) A statement by you that you have a good faith belief that the claimed infringement is not authorized by the copyright (or intellectual property) owner, its agent, or the law.
f) A statement by you, made under penalty of perjury, that the above information in your notice to Golibe’s copyright agent is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
13. Member Disputes: You are solely responsible for your interactions with other Golibe Members. Golibe reserves the right, but has no obligation, to monitor disputes between you and other Members.
14. Privacy: Use of the Web Services is also governed by our Privacy Policy, the terms of which are incorporated herein and which can be found at www.golibe.com/privacy.
15. Disclaimers: Golibe is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with any of the Web Services provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in any of the Web Services. Golibe is not responsible for the conduct, whether online or offline, of any user of the Website or Member of any of the Web Services. Golibe assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Golibe is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Web Services or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Web Services. Under no circumstances shall Golibe be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Web Services or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. THE WEBSITE AND THE WEB SERVICES ARE PROVIDED "AS-IS" AND GOLIBE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOLIBE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE WEB SERVICES.
16. Limitation on Liability: IN NO EVENT SHALL GOLIBE OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND ANY OF THE WEB SERVICES, EVEN IF GOLIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOLIBE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO GOLIBE FOR THE WEB SERVICES DURING THE TERM OF MEMBERSHIP.
17. Governing Law; Disputes: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria without regard to conflict of law provisions thereof. If there is any dispute about or involving the Website or any of the Web Services or any other matter pertaining to this Agreement, you agree to personal jurisdiction by and venue in the state and federal courts of the Federal Republic of Nigeria.
18. Indemnity: You agree to indemnify and hold Golibe, its subsidiaries, members, managers, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Web Services in violation of this Agreement and/or arising from your breach of this Agreement (or a breach by any user of your Member account) and/or any breach of your representations and warranties set forth above.
19. Other: Except for any additional agreement(s) between you and Golibe, this Agreement constitutes the entire agreement between you and Golibe regarding the use of the Website and/or any of the Web Services. The failure of Golibe to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. All rights not expressly granted to you in this Agreement are reserved to Golibe and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with Golibe’s prior written consent. Golibe may transfer, assign or delegate this Agreement and its rights and obligations without consent. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Golibe is a trademark of Golibe, Inc that may be registered in Nigeria and/or other countries.
© 2010, Golibe Inc. Golibe, the Golibe logos are trademarks or registered trademarks of Golibe, Inc. Any other trademarks are the property of their respective owners.
This Document is effective from May 1st 2010.