Terms & Conditions
This Agreement was last revised on November 10, 2022.
Welcome to iwriteafrica.com, the website and online service of iwriteafrica (together with its affiliates, "iwriteafrica" "we," or "our"). This page explains the terms by which you may use our service.
We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on the iwriteafrica.com website. Your use of the service following such changes constitutes your acceptance and agreement of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Terms & Conditions
- Use of Our Service
- User Content
- License Grant
- Our Proprietary Rights
- Paid Services
- Copyright Complaints
- Third-Party Websites, Advertisers or Services
- Disclaimers of Warranties and Limitation of Liability
iwriteafrica provides a place for you to buy, read, and submit books by African authors. In allowing you access to the website, iwriteafrica is granting you a limited, revocable, non-transferrable, non- assignable, non- sublicensable licence to use the website for your personal, non-commercial use.
You do not have to register in order to visit iwriteafrica. However, to access certain features of the Service, including creating "bookshelves" to organize what you've read, posting book reviews, and commenting on other members' reviews, you must register with iwriteafrica and create a "Member" account. Your account gives you access to the services and functionality that we may establish and maintain periodically and in our sole discretion.
The use of another Member’s account without permission is prohibited. You are responsible for maintaining the confidentiality of your account, password and for restricting access to your account. You are responsible for all activities that occur under your account or password.
You agree that your use of iwriteafrica and its content will be in compliance with all applicable laws and regulations. You agree to notify iwriteafrica immediately of any breach of security or unauthorized use of your account. You may change the settings on your “My Account” page to control your profile.
You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by us terminate if you do not comply with this Agreement. iwriteafrica may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for reasons, including if in iwriteafrica' sole determination you violate any provision of this Agreement. Any unauthorized use of iwriteafrica or its content will result in the forfeiture and termination of your license and any and all rights extended to you for use of iwriteafrica or its content.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at iwriteafrica‘s sole discretion. You agree that iwriteafrica will not be liable to you for any temporary or permanent withdrawal, modification, interruption of the Service, delay or failure to perform.
Some areas of the Service may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, "post") reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses ("User Content"). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post, your User Content, and that you have the power to grant the license granted below. iwriteafrica reserves the right to monitor, reject and/or remove any User Content at any time.
iwriteafrica may, but is not obligated to, reject and/or remove any User Content that iwriteafrica believes, in its sole discretion, violates these provisions.
iwriteafrica takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. iwriteafrica is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iwriteafrica shall not be liable for any damages you allege to incur as a result of such User Content. iwriteafrica may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable
By posting any User Content on the Service, you expressly grant to iwriteafrica a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iwriteafrica for all claims resulting from content you supply.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "iwriteafrica Content"), and all intellectual property Rights related thereto, are the exclusive property of iwriteafrica and its authors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.
Use of the iwriteafrica Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place iwriteafrica under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, iwriteafrica does not waive any rights to use similar or related ideas previously known to iwriteafrica, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. These fees and charges, if any, are described on the website. If you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted at the website. iwriteafrica may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
No Refunds. You may cancel your iwriteafrica Account at any time; however, there are no refunds for cancellation. If in breach of thex terms of this Agreement, iwriteafrica with a 2-4 business days written notice, reserves the right to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without, refund, obligation, or liability to you. In the event that iwriteafrica suspends or terminates your iwriteafrica Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your iwriteafrica Account, or for anything else. You acknowledge that iwriteafrica has the perpetual and irrevocable right to delete with notice any or all of your content and data from iwriteafrica's servers and from the Service, without any liability of any kind to you or any other party.
Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed without the owners prior written permission.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of the material that is claimed to be infringing and where it is located on the Service;
d. Your telephone number and e-mail address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please note that this procedure is exclusively for notifying iwriteafrica and its affiliates that your copyrighted material has been infringed.
Additionally, your dealings with or participation in promotions of advertisers found on iwriteafrica, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that iwriteafrica shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless iwriteafrica and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
(iv) your violation of any law, rule or regulation of the United States or any other country;
(v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or
(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. iwriteafrica MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, iwriteafrica DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. iwriteafrica DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, iwriteafrica’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM iwriteafrica ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. iwriteafrica WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iwriteafrica without restriction.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iwriteafrica' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Please contact us with any questions regarding this Agreement.
In the event of any controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
iwriteafrica is not responsible for any delay or failure in performance of any kind to the extent that such delay or failure is caused by information or content providers or service providers, public enemy, war, terrorism, any civil or Military authority, any accident, explosion, storm, earthquake, flood, strike riots, embargo, computer outage or virus, telecommunication failure or other casualty, labour dispute or any other circumstances beyond iwriteafrica’ control.