Terms & Conditions
Thanks for visiting and using our website, www.freshafricanltd.com (the “Site”). Fresh African Ltd is an Lekki, Nigeria company and is the owner and operator of the Site. The following are the terms and conditions that govern the use of the Site. THESE TERMS AND CONDITIONS OF USE ("TERMS") CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND FRESH AFRICAN LTD PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THE SITE OR DOWNLOAD ANY SONG CONTAINED WITHIN THE FRESH AFRICAN PLATFORM. BY USING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under thirteen (13) years of age, you must have parental or legal guardian consent before attempting to use, download or license any of the Songs, as defined herein. Without parental or guardian consent, you must discontinue use of the Site.
OWNERSHIP OF THE SITE
The Site is owned and operated by Fresh African Ltd. All of the content featured or displayed on the Site, including, but not limited to, logos, written text, graphics, photographs, images, moving images, sound, illustrations and software as well as the underlying code which creates the Site (collectively "Content"), is owned or controlled by Fresh African Ltd, or entities which have granted certain rights to Fresh African Ltd. Further, all elements of the Fresh African Ltd, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. "MUSIC DEALERS", the Fresh African Ltd logo, and the slogan, “MUSIC-ART-ENTERTAINMENT-HERITAGE” are trademarks of Fresh African Ltd and may be registered throughout the world.
NO UNAUTHORIZED USE
Except as specifically provided herein or with Fresh African Ltd's written consent (electronic mail consent does not constitute written consent), you may not print, copy, reproduce, distribute, disable, decompile, disassemble, reverse engineer, transmit, upload, download, store, display in public, alter, modify or otherwise change or transfer the Site or the Content. Further, you may not contact for the purposes of solicitation any of the artists or other users included in the Site for your own gain or the gain of a third party. Nor may you use in any way (a) Fresh African Ltd's logos or icons to hyperlink other web sites with the Site, or (b) the Content, Fresh African Ltd's name, trademarks, trade names, service marks, or any patented designs for any reason. If you wish to take any of these actions, please complete the contact us form. If permission to hyperlink is granted in writing by Fresh African Ltd, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on the www.freshafricanltd.com.
Fresh African Ltd offers pre-cleared sound recordings for licensing placements in any media. The Fresh African Ltd platform consists of thousands of pre-cleared musical sound-recordings (each a “Song” and collectively as “Songs”) which may be licensed for a fee by you the user of the Site. After registering as a user of the Site, you will be able to download Songs. Fresh African Ltd grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the Song solely for evaluation purposes, to test the Song (including using the Song in animatic and video sequences via the Fresh African Ltd site or your own platform) or for demonstration to your clients, but only when used in a non-commercial manner.
Your usage of the Songs is governed by these Terms unless and until you request to purchase a license of a Song from Fresh African Ltd. Upon your request to purchase a license of a Song, Fresh African Ltd will deliver a license agreement ("License") to you which will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song. Unless and until specifically granted in a License, you may not (i) sublicense, re-title, rent or in any way lease a Song; (ii) publish, provide a hyper-link, transfer or in any way copy a Song to a third party site, network or internet bulletin board; (iii) otherwise distribute or allow any Song to be distributed to or used by anyone other than as authorized hereunder; (iv) use any Song in a libelous, defamatory, fraudulent, infringing or otherwise illegal manner, including the export of a Song into any country which prohibits such exportation or importation.
Except for those uses described above, rates and rights to use must be negotiated before use.
All Songs and all rights not expressly granted in writing remain the exclusive property of Fresh African Ltd.
SUBMISSION OF SONGS
If you are a musician or an individual or entity who has the required rights to certain musical recordings, you may submit your recordings by executing the Music Dealers Limited License Agreement. The term and conditions contained in that agreement govern your submission of such recordings. In addition to the terms set forth in that agreement, your use of the Site is governed by these Terms.
ENFORCEMENT AND INDEMNIFICATION
Fresh African Ltd will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages) should Fresh African Ltd be notified or otherwise discover any infringement or wrongful use of any Song, information, intellectual property or Content available through the Site.
By using the Site, you agree to indemnify Fresh African Ltd, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND FRESH AFRICAN LTD EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SITE. FRESH AFRICAN LTD MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. FRESH AFRICAN LTD NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Except as specifically stated in these Terms, any Licenses or elsewhere on the Site, or as otherwise required by applicable law, neither Fresh African Ltd nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of the Site or the Content whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the Site; however, these other websites are not controlled by Fresh African Ltd and Fresh African Ltd is not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against Fresh African Ltd regarding the inclusion of links to outside websites or your use of those websites.
These Terms will be interpreted, construed and governed by the laws of the state of Lekki, Nigeria, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts located in Lekki Nigeria and each party agrees not to contest the personal jurisdiction or venue of these courts. You consent to such jurisdiction. Notwithstanding the foregoing, however, Fresh African Ltd will have the right to commence and prosecute any legal or equitable action or proceeding before any non-Nigerian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Fresh African Ltd, such action is necessary or desirable.
Fresh African Ltd reserves the right, in its sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of the Site or services following the posting of any changes to these Terms constitutes your acceptance of such changes.