THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SURFLINE WEB SITE.
Welcome to the Internet site of Surfline Communications Limited. By using Surfline Site, or any of the products or services (collectively the "Services") available on SURFLINE Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular SURFLINE Site or Service, all as may be modified by SURFLINE from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use SURFLINE Site or any of the Services on SURFLINE Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of SURFLINE Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
REGISTRATION, ACCOUNTS and PASSWORDS
Certain Services and related features made available on SURFLINE Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on SURFLINE Site, and (b) all activities that occur under such password or account. Further, you agree to notify SURFLINE of any unauthorized use of your password or account. SURFLINE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
RESTRICTIONS ON USE OF MATERIALS
All material, information and content (collectively "Content") available on SURFLINE Site, including the manner in which such Content is presented, and the Services are: Copyright 2011 Surfline Communications Ltd., its affiliates and/or licensors. All rights reserved. Such Content is protected by Ghanaian and worldwide copyright laws and treaty provisions. SURFLINE grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through SURFLINE Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
SURFLINE and all associated designs and logos are trademarks of SURFLINE. All other product, brand and company names and logos used or mentioned on SURFLINE Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on SURFLINE Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
In consideration of the availability and your use of SURFLINE Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such SURFLINE Site or Service. You acknowledge that SURFLINE may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
Post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use SURFLINE Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying SURFLINE Site, any of the Services, or the Internet; or
Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use SURFLINE Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of SURFLINE Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of SURFLINE Site may contain material that is inappropriate for minors.
FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any chat board or forum available on SURFLINE Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on SURFLINE Site, you automatically grant (or warrant that the owner of such materials expressly grants) SURFLINE a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. SURFLINE cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that SURFLINE reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) SURFLINE SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SURFLINE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) SURFLINE SPECIFICALLY MAKES NO WARRANTIES THAT SURFLINE SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF SURFLINE SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
PROFESSIONAL INFORMATION DISCLAIMER
The SURFLINE Site may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of SURFLINE Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that SURFLINE, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by SURFLINE through SURFLINE Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by SURFLINE; and (c) not necessarily reflective of the views or policy of SURFLINE, including the publisher, contributors and staff of and advertisers on SURFLINE Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by SURFLINE. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. SURFLINE DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You acknowledge that SURFLINE or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through SURFLINE Site. The views and opinions expressed on SURFLINE Site are not intended to constitute a description of securities bought, sold, or held on behalf of SURFLINE nor an indication by SURFLINE of any intention to buy, sell, or hold any security.
DISCLAIMER REGARDING SEARCH CONTENT
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through SURFLINE Site's search services are protected by copyright and/or other intellectual property laws. SURFLINE does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside SURFLINE Site, all of the Multimedia Content contained on such sites is owned and served by entities other than SURFLINE. SURFLINE provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through SURFLINE Site's search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
SURFLINE reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on SURFLINE Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of SURFLINE Site and any of the Services immediately. Your continued use of SURFLINE Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, SURFLINE reserves the right to change, modify, suspend or discontinue any aspect of SURFLINE Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
DOWNLOADS AND SOFTWARE
Certain SURFLINE Sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by SURFLINE or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by SURFLINE or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that SURFLINE or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that SURFLINE, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
CONTENT LINKED TO SURFLINE SITE
Please exercise discretion while browsing the Internet. Please note that certain links on SURFLINE Site may take you to other websites. SURFLINE provides these links only as a convenience and not as an endorsement by SURFLINE. These linked sites are not necessarily under the control of SURFLINE. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. SURFLINE is not responsible for the content of any such linked sites or any other web page which is not part of SURFLINE Site and under SURFLINE's control. Unless otherwise expressly provided, SURFLINE makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that SURFLINE will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from SURFLINE Site.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, SURFLINE Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. SURFLINE assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that SURFLINE shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless SURFLINE, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on SURFLINE Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of SURFLINE Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from SURFLINE Site or through any of the Services. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SURFLINE, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SURFLINE HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF SURFLINE SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO SURFLINE SITE OR ANY OF THE SERVICES.
You expressly acknowledge that SURFLINE has entered into this agreement, and has and will make SURFLINE Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and SURFLINE. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
All SURFLINE Sites and Services are controlled, operated and administered by SURFLINE from its offices within Ghana. SURFLINE makes no representation or warranty that SURFLINE Site or any of the Services are appropriate or available for use at any locations outside Ghana. If you access SURFLINE Site from outside Ghana, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through SURFLINE Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Republic of Ghana, without reference to its conflict of laws principles. Subject to the Dispute Resolution and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Republic of Ghana and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
DISPUTE RESOLUTION AND ACTIONS
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any SURFLINE Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), the dispute will be referred to and finally settled in the Commercial Division of the High Courts of Ghana which shall have exclusive jurisdiction in all matters related hereto, held in the English language and governed by Ghana law. You agree to waive any right you may have to commence or participate in any class action against SURFLINE related to any Claim and where applicable, you also agree to opt out of any class proceedings against SURFLINE. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that SURFLINE, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, SURFLINE Site or any of the Services, and remove and discard any information or content related to SURFLINE Site or any of the Services (and your use thereof), for any reason, including where SURFLINE believes that you have violated any of these Terms and Conditions. You further agree that SURFLINE shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with SURFLINE Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of SURFLINE in operating SURFLINE Site or any of the Services, sole and exclusive remedy is to discontinue using SURFLINE Site or any of the Services.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
SURFLINE is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO SURFLINE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO SURFLINE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO SURFLINE THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT SURFLINE IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SURFLINE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between SURFLINE and you pertaining to your use of SURFLINE Site, Services and Content and supersede any prior agreements between you and SURFLINE with respect to the subject matter hereof. SURFLINE's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
© 2011 SURFLINE COMMUNUCATIONS LIMITED. All Rights Reserved.