TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
Please review our Privacy Notice, which also governs your visit to our websites, to understand our practices.
When you visit Afrokids®.com/Afrokids®.tv or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on these sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Leo Sullivan Multimedia, Inc. or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Leo Sullivan Multimedia, Inc. with copyright authorship for this collection by Leo Sullivan Multimedia, Inc., and protected by international copyright laws.
Leo Sullivan Multimedia, Inc. trademarks and trade dress may not be used in connection with any product or service that is not Leo Sullivan Multimedia, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Leo Sullivan Multimedia, Inc. All other trademarks not owned by Leo Sullivan Multimedia, Inc. or its
subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Leo Sullivan Multimedia, Inc. or its subsidiaries.
LICENSE AND SITE ACCESS
The sites are owned and operated by Leo Sullivan Multimedia, Inc. (referred to as “AFROKIDS®,” “we,” “us,” or “our” herein). No material from AFROKIDS.COM or any website owned, operated, licensed, or controlled by Leo Sullivan Multimedia, Inc. may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Leo Sullivan Multimedia, Inc.’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Leo Sullivan Multimedia, Inc.
Leo Sullivan Multimedia, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Leo Sullivan Multimedia, Inc. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Leo Sullivan Multimedia, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Leo Sullivan Multimedia, Inc. and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Leo Sullivan Multimedia, Inc.’s name or trademarks without the express written consent of Leo Sullivan Multimedia, Inc. Any unauthorized use terminates the permission or license granted by Leo Sullivan Multimedia, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Leo Sullivan Multimedia, Inc. (Afrokids®.com/Afrokids®.tv) so long as the link does not portray Leo Sullivan Multimedia, Inc., its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Leo Sullivan Multimedia, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission. You are specifically restricted from all of the following; using the websites in anyway that impacts to the websites; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this websites; using this Website contrary to applicable laws and regulations, or in any way may cause harm to the websites, or to any person or business entity; using these websites to engage in any advertising or marketing (with express consent from Leo Sullivan Multimedia, Inc.).
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by AFROKIDS®. AFROKIDS® does not transfer title to the Software to you. You own the medium on which the Software is recorded, but AFROKIDS® retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, recompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Use of the Website
Certain areas of the websites are restricted from being access by you and Leo Sullivan Multimedia, Inc. may further restrict access by you to any areas of the websites, at any time, in absolute discretion. Any user ID and password you may have for the websites you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or digital device(s), and you agree to accept responsibility for all
activities that occur under your account or password. Minors and those under the age of 18, may use our websites only with the involvement/consent of a parent or guardian over the age of 18 years old. Leo Sullivan Multimedia, Inc. and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property 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.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Leo Sullivan Multimedia, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Leo Sullivan Multimedia, Inc. and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Leo Sullivan Multimedia, Inc. and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. 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 Leo Sullivan Multimedia, Inc. or its associates for all claims resulting from content you supply. Leo Sullivan Multimedia, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Leo Sullivan Multimedia, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Leo Sullivan Multimedia, Inc. are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. (Does not apply to downloads of electronic games or websites)
Leo Sullivan Multimedia, Inc. and its associates attempt to be as accurate as possible. However, Leo Sullivan Multimedia, Inc.. does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Leo Sullivan Multimedia, Inc. itself is not as described, your sole remedy is to return it in unused condition. (Does not apply to downloads of electronic games or websites)
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY LEO SULLIVAN MULTIMEDIA, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. LEO SULLIVAN MULTIMEDIA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LEO SULLIVAN MULTIMEDIA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEO SULLIVAN MULTIMEDIA, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LEO SULLIVAN MULTIMEDIA, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEO SULLIVAN MULTIMEDIA, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.
LIMITATION OF LIABILITY
In no event shall Leo Sullivan Multimedia, Inc., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Leo Sullivan Multimedia, Inc., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the websites.
Further, AFROKIDS® explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from AFROKIDS® from third parties not associated with AFROKIDS®. AFROKIDS® encourages discretion when browsing the internet using our or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, AFROKIDS® cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
AFROKIDS® cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from AFROKIDS®.com, since other shop channels are owned and operated by independent retailers. AFROKIDS® does not endorse any of the merchandise, nor has AFROKIDS® taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. AFROKIDS® does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of California, and by visiting Afrokids®.com/Afrokids®.tv, you agree that the laws of the state of California, United Sates of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Leo Sullivan Multimedia, Inc. or its associates.
Any dispute relating in any way to your visit to Leo Sullivan Multimedia, Inc. (Afrokids®.com/Afrokids®.tv) or to products you purchase through Leo Sullivan Multimedia, Inc. shall be submitted to confidential arbitration in the state of California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Leo Sullivan Multimedia, Inc.’s intellectual property rights, Leo Sullivan Multimedia, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Leo Sullivan Multimedia, Inc.
(Afrokids®.com/Afrokids®.tv). We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
The Leo Sullivan Multimedia, Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Leo Sullivan Multimedia, Inc. and you in relation to your use of the websites, and supersede all prior agreements and understandings.