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Terms of USE
AD LIBS MULTIMEDIA
DIGITAL ASSETS TERMS OF USE
Table of Contents
1. ACCEPTANCE OF THE TERMS OF USE
2. CHANGES TO THE TERMS OF USE
6. LICENSE & INTELLECTUAL PROPERTY
8. USER CONTENT & CONTRIBUTIONS – “UCC”
9. INTERACTIVE FEATURES AND REFERRALS
10. SOCIAL MEDIA AND DIGITAL ASSET LINKING
14. CONTESTS, GAMES & PROMOTIONAL OFFERS
20. LIMITATION ON TIME TO FILE CLAIMS
1. Acceptance of the Terms of Use
Welcome to the Digital Asset owned or managed by Ad Libs Multimedia Company Limited (“Ad Libs,” “Company,” “We,” or “Us”).
Ad Libs provides Digital Assets and services for your personal non-commercial use only and subject to your compliance with these Terms of Use. The following Terms of Use together with our Privacy Policy govern your access to and use of our website, social media pages, mobile applications, and all related content (collectively Digital Assets), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use or access any of our digital assets. The Digital Assets are offered and available to users who are eighteen (18) years of age or older or have first obtained a parent or legal guardian’s consent, and reside in Ghana. By using or accessing our digital assets or by registering as a user, you warrant that you meet the eligibility requirements and accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use any of our digital assets.
Certain products or services offered by or through our Digital Assets and certain areas within this and or other Digital Assets may be governed by Additional Terms presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Digital Assets. The Additional Terms and this Terms of Use, taken together, shall apply to your use of those areas or Digital Assets. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.
2. Changes to the Terms of Use
Ad Libs reserves the right, in its sole discretion, to modify, alter, add, delete, or otherwise change these Terms of Use and/or Additional Terms at any time by updating this posting. All changes are effective immediately when posted and apply to all access to and use of our Digital Assets thereafter. Your continued use of our Digital Assets after any such changes in our Terms of Use and/or Additional Terms constitutes your acceptance of the revised Terms of Use. You are responsible for keeping yourself updated on any changes.
3. Privacy Policy
Ad Libs has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure, and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, here: PRIVACY POLICY, and by using our Digital Assets you agree to the terms of the Privacy Statement.
4. Service and Fees
Ad Libs provides entertainment services that you can interact with by viewing, listening to, and/or posting Content. We may provide different levels of interaction from time to time at our discretion.
Except where otherwise provided, access to and use of our Digital Assets offered are currently available without charge. We reserve the right at any time to charge or amend any fees payable by you and to vary or amend the Terms of Use that cover such fees for access or use of our Digital Assets. Your access to or use of our Digital Assets before such time does not entitle you to use these Digital Assets without charge in the future.
5. Digital Assets Access
Ad Libs reserves the right to withdraw or amend the Digital Assets, and any service or material we provide on the Digital Assets, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Assets are unavailable at any time or for any period. From time to time, we may restrict access to some Digital Assets in part or whole, to users, including registered users.
6. License & Intellectual Property
Ad Libs grants you a limited, non-exclusive, non-transferable license to access and use the Digital Assets solely for your personal, non-commercial purposes.
Unless explicitly stated in these Terms of Use, nothing in the Digital Assets is to be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
The logos, names, characters, articles, text, images, designs, graphics, pictures, illustrations, applications, software, music, sound files and recordings, video files, and their arrangement on the Digital Assets (hereinafter referred to as Objects) are all owned by Ad Libs, its licensors and third-party platforms and subject to copyright, trademark, patent, trade secret and other intellectual property protection laws in Ghana and other countries, including but not limited to the Copyright Act, 2005 (Act 690) and through international treaties. Apart from any use that is permitted under the Copyright Act, we reserve all of our rights.
You agree and must not:
- Copy, reproduce, adapt, modify, transmit, communicate, or distribute the Objects (or any part of the Objects) nor may they be made available from other sites or services in any manner.
- Commercialize any aspect of the Digital Assets or use our trademarks or logos, without our prior written consent.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You may:
- store files that are automatically cached by your Web browser for display enhancement purposes.
- print or download one copy of a reasonable number of Objects (or any part of the Objects) of any Digital Assets for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You may only use the Objects (or any part of the Objects) in accordance with the use limitations we specify at the time of download.
- use the social media features we provide or enable with certain content. Any actions you take are your responsibility and we will not be directly or indirectly liable or responsible for your actions.
Some Objects may be subject to the intellectual property rights of third-party providers. From time to time, and at our sole discretion, we may communicate or make available the Objects (or any part of the Objects) from a third-party website or service (Third Party Platform). Your access to and use of the Objects (or any part of the Objects) from any Third Party Platform is subject to these Terms of Use, in addition to any third party terms and conditions that apply to that Third Party Platform. We may, at any time and in our sole discretion, remove the Objects (or any part of the Objects) from any Third Party Platform without notice or liability to you.
Subject to any applicable law, we may revoke the permissions referred to in this section at any time and may suspend or deny you access to all or any part of the Digital Assets without notice.
7. Registration
As a user, you will be able to access material on most areas of Ad Libs Digital Assets without going through the registration process. However, we may restrict access to certain areas of the Digital Assets and you may need to register with us to access such areas. When required to register:
- you must provide accurate, up-to-date, and complete information;
- you agree that all information you provide to register with the Digital Assets, including but not limited to through the use of any interactive features on the Digital Assets, is governed by our Privacy Policy;
- you must safeguard any username and password that we provide to you and treat it as confidential, you must not allow anyone else to use your registered account;
- you agree to immediately notify us of any unauthorized use of your registered account or any breach of security of which you become aware;
- it is your responsibility to update or change your user information (eg. E-mail address or physical address change)
- you may cancel your registration at any time by notifying us;
- we have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, Privacy Policy, any applicable law, our rights or those of another party.
8. User Content & Contributions – “UCC”
The Digital Assets may contain material uploaded, posted, emailed, or delivered by users of the Digital Assets including you (User Content & Contributions). Any User Content & Contributions you post may, at our sole discretion, form part of the Content available on the Digital Assets.
Ad Libs does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts, or other material, or files delivered to our Digital Assets by you or other users. Ad Libs is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Content & Contributions. However, we reserve the right to do so at any time at our sole discretion, for any reason or no reason, and to refuse, delete, move, or edit any User Content & Contribution, in whole or in part, with or without notice. Ad Libs is not responsible or liable for damages of any kind arising from any User Content & Contribution even when Ad Libs is advised of the possibility of such damages, or from Ad Libs’s alteration or deletion of any User Content & Contribution. Any User Content & Contribution you post to the site will be considered non-confidential and non-proprietary.
When you post User Content & Contributions on our Digital Assets you grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free licence to, and to authorize and sublicense other persons to:
- access and examine that User Content;
- use, reproduce, modify, adapt, create derivative works from, incorporate in other works, publicly perform, publicly communicate, and commercially exploit that User Content & Contributions, including but not limited to, on and in connection with any current or future services which include (without limitation) any communication platforms in any media;
- move, remove, or disable access to User Content & Contribution that we consider to breach any law or to be otherwise unacceptable;
- use your name and likeness (and the names and likenesses of any other persons or entities who own or are associated with the User Content & Contribution you Post), for any advertising and promotional purposes in connection with the User Content.
You unconditionally and irrevocably consent to all or any acts or omission by us or any person authorized by us concerning the User Content & Contributions which may infringe any moral rights you hold, including but not limited to your right:
- to be identified as the author of any User Content;
- not to have your authorship falsely attributed; and
- to integrity of authorship, in particular, the right not to have your User Content & Contribution subjected to derogatory treatment.
To the extent such consent is ineffective in any jurisdiction, you unconditionally and irrevocably waive all moral rights you hold in the User Content in favor of us.
You acknowledge that we may remove any User Content & Contributions posted by you and that we have no responsibility or liability for the deletion or failure to store any communications or content & contributions posted on the Digital Assets.
You are solely responsible for any User Content & Contributions delivered to Ad Libs, whether via our Digital Assets, email, or any other method, and for obtaining any necessary licenses, consents, clearances, permissions, and releases from third parties so that you can grant us the rights to the User Content & Contributions you post as set out in these Terms of Use. In the case of audio/visual recordings, you understand that licenses, consents, clearances, and permissions may be required in respect of separate copyrights in the audio/visual recording and the underlying works (such as the musical, literary, or dramatic work subsisting in the audio/visual recording) and, among other things, moral rights and performers’ consents. Any violation of these provisions can subject your registered user account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Content & Contribution and that public posting and use of the User Content & Contribution by Ad Libs will not infringe or violate the rights of any third party in any manner.
In using the Digital Assets, standards must be held and you must not:
- violate any applicable laws;
- impersonate any person;
- Post any User Content & Contributions or use the Service to communicate any material that:
- infringes the intellectual property rights or any other rights of any third party;
- is, or could reasonably be expected to be, unlawful, harmful, threatening, abusive, untrue, inaccurate, misleading, invasive of another’s privacy, confidential, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email;
- contains a survey, contest, pyramid scheme; or
- contains an improper question;
- stalk, harass, or otherwise harm others;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store personal data about other users of the Digital Assets; or
- engage in any other conduct that inhibits any other person from using or enjoying the Digital Assets.
The information and opinions expressed in User Content & Contributions appearing on our Digital Assets are not necessarily those of Ad Libs or its content providers, advertisers, sponsors, affiliated or related entities, and Ad Libs makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Content & Contributions. Ad Libs does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content & Contributions or determine whether the User Content & Contributions violates the rights of others, and Ad Libs has no control over whether such User Content & Contributions are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Content & Contributions submitted by other users will be at your own risk, including any reliance on the accuracy, completeness, or usefulness of such User Content & Contributions. You acknowledge that most if not all of Ad Libs Digital Assets are ”public,” and in addition to the license granted to Ad Libs, other users will have access to your User Content & Contributions and might copy, modify, or distribute them.
If you are aware of any User Content & Contributions on any Ad Libs Digital Asset that violates these Terms, please contact us at adlibsmcl@gmail.com. Please provide as much detail as possible, including a copy of the underlying User Content & Contributions, the location where we may find it, and the reason such User Content & Contributions should be removed. Please note that filing a complaint will not guarantee its removal, Ad Libs will only remove User Content & Contributions if Ad Libs believes the measure is necessary, in our sole discretion.
To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas, or suggestions either via our Digital Assets, email , or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via our Digital Assets, email, or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Content & Contributions. Without limitation thereof, you agree that Ad Libs, our affiliates, and our licensees are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
9. INTERACTIVE FEATURES AND REFERRALS
9.1 Voting / Rating
For any voting/rating features that are available on our Digital Assets, you must follow instructions to submit your votes/ratings, including any restrictions set forth concerning limitations on voting/rating. Votes/ratings received from you more than any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro, or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Ad Libs assumes no responsibility for incorrect/inaccurate voting/rating information or 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, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third-party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
9.2 Referrals
Our Digital Assets may offer referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, Ghana-based email addresses, mobile telephone numbers, names, street addresses, and other contact information so they may receive information and/or promotional offers concerning Ad Libs. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to:
- limit the number of Referred Persons you can submit.
- limit the number of transmissions to any particular Referred Person from time to time.
- reject the participation of any Referred Person if:
- the contact information provided by you is incorrect or not valid;
- such individual has violated any provision of these terms of use or privacy policy;
- we determine in our sole discretion that the participation of such individual might be harmful to us, our Digital Assets, or any third party for any reason;
- discontinue your access to our Digital Assets at our own discretion if you misuse any referral program or otherwise engage in improper behavior with respect to a referral program;
- suspend, temporarily or permanently, or cease to provide any and all referral programs, at our sole discretion, without notice, reason, or liability.
We specifically disclaim any liability for exercising such right.
You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of Ghana, at least 18 years old, and be able to register on any Ad Libs Digital Assets. The contact information for a Referred Person must be valid and functioning for us to contact him or her about any Ad Libs Service. We will not be responsible for validating the contact information you provide.
We may, at our discretion, send you a confirmation using any means available through our Digital Assets, including email, text, and other forms of messaging, to inform you that the Referred Person has registered for/on the Ad Libs Service/Digital Asset. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement.
If you are using our Digital Assets to communicate to a Referred Person (or any third party), you agree not to use such Digital Assets to harm the Referred Person or any other third party, and/or use such Ad Libs Digital Assets in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
10. SOCIAL MEDIA AND DIGITAL ASSET LINKING
You may link to our Digital Assets, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Digital Assets may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Digital Assets.
- Send e-mails or other communications with certain content, or links to certain content, on the Digital Assets.
- Cause limited portions of content on the Digital Assets to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Digital Assets, in whole or part, to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
- Otherwise, take any action with respect to the materials on the Digital Assets that are inconsistent with any other provision of these Terms of Use.
The Digital Assets from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content & Contributions set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
11. LINKS & ADVERTISEMENTS
The Digital Assets may contain links to other sites that are owned by third parties. These links are provided solely for your convenience and do not indicate either express or implied endorsement by us of the products or services that are provided by that site. This includes links contained in advertisements, including banner advertisements and sponsored links. When accessing third-party sites and using their products and services you agree and undertake to do so at your own risk.
For the avoidance of any doubt, we hereby acknowledge that:
- the Digital Asset is in no way sponsored, endorsed administered by, or associated with Apple, Facebook, Google and/or Twitter; and
- any information provided by a user in connection with the Digital Asset is provided to Ad Libs and not to Apple, Facebook, Google and/or Twitter; and
- any questions, comments, or complaints regarding the Digital Asset must be directed to Ad Libs, not to Apple, Facebook, Google and/or Twitter.
12. GEOGRAPHIC RESTRICTIONS
The owner of the Digital Assets is based in Accra, Ghana. We provide the Digital Assets for use only by persons located in Ghana. We make no claims that the Digital Assets or any of its content is accessible or appropriate outside of Ghana. Access to the Digital Assets may not be legal by certain persons or in certain countries. If you access the Digital Assets from outside Ghana, you do so on your own initiative and are responsible for compliance with local laws.
13. EVENTS
You may be invited or asked to attend Ad Libs sponsored events or events held by other members and users of our Digital Assets which are not in any way associated with Ad Libs at various locations throughout Ghana (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold Ad Libs, its subsidiaries, agents, distributors and affiliates, and their officers, directors, and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by Ad Libs in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Ad Libs and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party
14. CONTESTS, GAMES & PROMOTIONAL OFFERS
Any contests, games and/or promotional offers accessible on our Digital Assets and Radio are governed by specific rules and/or terms and conditions. By entering a contest or participating in such games or promotional offers available on our Digital Assets and/or Radio, you will be subject to those rules and/or terms and conditions.
You must read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the games or promotional offers will govern, but only to the extent of the conflict.
Any contests, games and/or promotional offers made available or advertised on third-party sites accessible from our Digital Assets (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on our Digital Assets, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third-party sites.
15. THIRD-PARTY MERCHANTS
Our Digital Assets may enable you to order and receive products, information and services from businesses that are not owned or operated by Ad Libs. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion, or advice ordered or received from such businesses are solely between you and such businesses. Ad Libs does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Ad Libs will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your payment method information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Ad Libs Service.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Ad Libs, its directors, employees, agents, subcontractors, affiliates, service providers, licensors, officers, and suppliers, from and against all claims, demands, actions, liabilities, costs, expenses, losses, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Digital Assets (including, without limitation, your use of User Content & Contributions, Objects), a breach of any of your representations and warranties or your breach of any of these Terms of Use and or Additional Terms. You agree to cooperate fully with Ad Libs in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
17. DISCLAIMER OF WARRANTIES
You understand that Ad Libs cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Ad Libs’ Digital Assets or any services or objects obtained through the digital assets or to your downloading of any material posted on, or on any website linked to them.
Your use of the digital assets, its content, and any services or items obtained through the digital assets is at your own risk. The digital assets, their content, and any services or items obtained through the digital assets are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Ad Libs nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website: without limiting the foregoing, neither the Ad Libs nor anyone associated with the company represents or warrants that the digital assets, its content, or any services or items obtained through the digital assets will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our digital assets or the server that makes them available are free of viruses or other harmful components or that the digital assets or any services or items obtained through the digital assets will otherwise meet your needs or expectations. Ad Libs is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmissions or Ad Libs interactive services, or any computer virus or other technical defect, whether human or technical in nature.
Ad Libs hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
18. LIMITATION ON LIABILITY
In no event shall Ad Libs, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Digital Asset and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to:
- loss of goodwill, profits, business interruption, data, or other intangible losses;
- your inability to use, unauthorized use of, performance or non-performance of any Digital Asset;
- unauthorized access to or tampering with your personal information or transmissions;
- the provision or failure to provide any service;
- errors or inaccuracies contained on this Digital Asset or any information, software, products, services, and related graphics obtained through this Digital Asset;
- any transactions entered into through this Digital Asset;
- any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this iHeartMedia Site or any site to which it provides hyperlinks;
- personal injury, pain and suffering, emotional distress, and damages otherwise arising out of the use of this or any Digital Asset.
The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, or otherwise, even if Ad Libs has been advised of the possibility of damages.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
19. RELIANCE & RISK
The information presented on or through our Digital Assets is made available solely for general information purposes. While Ad Libs may attempt to keep information on the Digital Assets current and accurate, Ad Libs makes no representations or warranties of the accuracy, completeness, or usefulness of any such information and expressly disclaims all responsibility and liability arising from any reliance placed on such information, objects, user content & contributions. Any reliance you place on such information is strictly at your own risk.
You must take your own precautions to ensure that your access to the Digital Assets does not expose you to the risk of viruses, malicious computer codes, or other forms of interference that may damage your computer system or data. If your use of the Digital Assets results in the need for servicing or replacing property, material, equipment, or data, we will not be responsible for such costs under any circumstances.
You must ensure that your access to the Digital Assets (and any linked websites or online material or data) is not illegal or prohibited by laws that apply to you.
20. LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or in relation to these Terms of Use or the Digital Assets must be commenced within six (6) months after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
21. COPYRIGHT INFRINGEMENT
Ad Libs respects the intellectual property rights of third parties and complies with the terms of the Copyright Act, 2005 (Act 690) regarding such rights. By submitting any User Content & Contributions through our Digital Assets, you are granting permission to have the User Content & Contributions posted on our Digital Assets and are representing that you are the rightful owner of the User Content & Contributions, and that no one else may claim any rights to such submitted content. Ad Libs reserves the right to remove any infringing material from the Digital Assets. Such actions do not affect or modify any other rights Ad Libs or others may have under law or contract.
If you believe that your work has been copied in a way that constitutes copyright infringement, provide written notification thereof, in accordance with the Copyright Act to Ad Libs’s Designated Agent, who can be reached as follows:
c/o Legal Department,
Ad Libs Multimedia Company Limited
29 Kofi Annan Street,
Airport Residential Area,
Accra, Ghana.
By E-Mail: adlibsmcl@gmail.com
This reporting process relates to reporting a claim of copyright infringement only. Messages related to other matters will not receive a response through this process. Messages related to such other matters should instead be directed to the Digital Assets contact information listed at the end of these Terms of Use.
In accordance with the Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Digital Assets and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
22. GOVERNING LAW
The Digital Assets, these Terms Of Use and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the Republic of Ghana. Any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Ghana without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Digital Assets shall be instituted exclusively in the courts of Ghana, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. WAIVER AND SEVERABILITY
No waiver by Ad Libs of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Ad Libs to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
24. ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Ad Libs with respect to the Digital Assets and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Digital Assets.
AD LIBS CONTACT INFORMATION
Ad Libs Multimedia Company Limited
29 Kofi Annan Street,
Airport Residential Area,
Accra, Ghana.