Access

Access to AdorAfrika is provided solely as an accommodation and at AdorAfrika’s sole discretion, and is available only to (a) authorized representatives of an entity (a "Content Provider") that has one or more valid agreements with AdorAfrika or AdorAfrika affiliates relating to the offering of the Content Provider's materials on AdorAfrika Music (collectively, or individually, as context requires, the “Service”), as applicable (each agreement, an "Agreement") (such representatives, "Provider Representative(s)"), and (b) artists or authorized representatives of artists whose materials are offered on the Service by the Content Provider ("Artist Representative(s)"), which Artist Representatives have been granted access to AdorAfrika (i) by the Content Provider or AdorAfrika solely for purposes of uploading and managing Artist Images (as defined herein); or (ii) by AdorAfrika for editing, uploading, or otherwise providing Lyrics (as defined herein) or Artist Content (as defined herein), as applicable, or for access to the Content Analytics Service (as defined herein) or the Promote Services (as defined herein) and related functionality. In addition, limited access to AdorAfrika for certain purposes (including delivery of materials to be offered for potential distribution pursuant to a future Agreement) is available to authorized representatives of entities that have applied, and have been invited by AdorAfrika, to enter into an Agreement. Your access to AdorAfrika services may be further limited by the AdorAfrika administrative user(s) for the Content Provider with which you are associated.

System Requirements

The use of AdorAfrika requires compatible hardware (fees may apply), internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because the use of AdorAfrika involves hardware, software, and internet access, your ability to use AdorAfrika may be affected by the performance of these factors. High speed internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

Agreement

Your use of AdorAfrika is, if applicable, subjected to the terms of an Agreement, including, without limitation, its confidentiality provisions. In the event of any conflict between these Terms of Service or any information provided on AdorAfrika, on one hand, and any applicable Agreement, on the other hand, the terms of such Agreement shall govern.

Your Information

You commit to supplying accurate, up-to-date, and comprehensive information when registering with AdorAfrika and as needed when utilizing AdorAfrika ("User Data"). You affirm that any User Data previously given to AdorAfrika, including through past interactions with AdorAfrika, has been precise, contemporary, and thorough. Moreover, you pledge to regularly review and modify your User Data to ensure its accuracy, timeliness, and completeness.

Account and Password

As a registered user of AdorAfrika, you must establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify AdorAfrika of any unauthorized use of your Account or any other breach of security. AdorAfrika shall not be responsible for any losses arising out of the unauthorized or other improper use of your Account.

No Programmatic Access

You may not use any data mining, robots, scripting, or similar data gathering and extraction tools to access AdorAfrika, including, without limitation, the Content Analytics Service, and you shall not exploit AdorAfrika, or any data therein, in any manner not expressly authorized by AdorAfrika.

AdorAfrika Services

A. Agreements

You agree to keep confidential, and not to disclose to any third party, any proposed Agreement you download through AdorAfrika or otherwise receive from AdorAfrika. In the event either party chooses not to execute such proposed Agreement, you agree to destroy all copies thereof.

B. Images

AdorAfrika may allow you to upload specific pictures or artwork associated with certain artists ("Artist Images"). These images can be used globally by AdorAfrika and its partners for display in AdorAfrika's platforms, promotional materials, or even be shown on end-user devices where the artist's content is available. This includes using the image in relation to the artist, their content, or in galleries dedicated to the artist or their specific work. However, AdorAfrika isn't bound to display or use any Artist Images uploaded. You represent and warrant that:

Any Artist Images you upload will comply with the guidelines specified at: (link) (as may be updated from time to time).
You have cleared all worldwide rights, including, without limitation, any rights of publicity of any artist or other person depicted in the Artist Images, any copyrights of photographers or other third parties, and any trademark rights in marks featured in the Artist Images, that may be necessary for the use of Artist Images as set forth herein;
You are responsible for all worldwide royalties, fees and/or other sums (if any) payable with respect to Artist Images and their use as set forth herein.
The Artist Images do not violate any applicable laws or regulations; and
You have the authority to make the foregoing representations and warranties, provided that, if you are a Provider Representative, you make the foregoing representations and warranties on behalf of the Content Provider; and if you are an Artist Representative, you make the foregoing representations and warranties on behalf of yourself, any entity on behalf of which you are uploading the Artist Images, and the artist whom you and/or such entity represent.

C. Analytics

To the extent that AdorAfrika provides an analytics service through AdorAfrika for content distributed through the Service excluding any applications or associated information distributed through the App Store (“Content Analytics Service”), you agree to use any data provided through such Content Analytics Service solely for purposes of internal business analytics, including promotion and marketing, and subject to the following terms and conditions:

You acknowledge that the Content Analytics Service is provided solely as a convenience to you, and any data therein is provided “AS-IS” and shall not be relied upon for accuracy or for the purposes of determining any payments due you in connection with the distribution of your content in the Service; for the sake of clarity, the financial reports that may be made available pursuant to an applicable Agreement shall be the basis on which payments are made.
You agree not to provide any data provided to you through the Content Analytics Service to any third parties, or allow third parties to access your account in AdorAfrika Music for Artists, except for a third-party service provider who is assisting you in processing and analyzing such data on your behalf and who is not permitted to use it for any other purpose or disclose it to any other party, and who is otherwise also bound by these Terms of Service. Notwithstanding the foregoing, the Content Analytics Service or the Promote Service may provide functionality to share certain information, including using third-party links, including via your linked social media accounts, text message, or email message, which sharing shall be permitted. You agree that your use of such sharing functionality is at your discretion and sole risk.
For clarity, you must not aggregate (or permit any third-party to aggregate) analytics information provided to you by AdorAfrika as part of the Content Analytics Service with other content providers’ analytics information or contribute such information to a repository for cross-content provider analytics.
You must not use the Content Analytics Service or any analytics data to attempt to identify or derive information about any end-user or device.
For the avoidance of doubt, if you are receiving analytics data from an analytics service offered by the App Store for your applications, this Section 7.C. does not apply to any such analytics data received from such analytics service and your use thereof shall be guided by any applicable Program License Agreement that governs your distribution of any such applications.

Intellectual Property

A. Acknowledgement of Ownership

You agree that AdorAfrika contains proprietary information and material that is owned by AdorAfrika and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of AdorAfrika in compliance with these Terms of Service. No portion of AdorAfrika may be reproduced in any form or by any means.

B. Copyrights

All copyrights in and to AdorAfrika are owned by AdorAfrika and/or its licensors.

C. Trademarks

AdorAfrika, the AdorAfrika logo, AdorAfrika Music, AdorAfrika and other AdorAfrika trademarks, service marks, graphics, and logos used in connection with AdorAfrika are trademarks or registered trademarks of *AdorAfrika Inc.* in Bamako, Mali and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Third Party Services

AdorAfrika may be integrated with third party links, websites, and services (“Third Party Services”) to make content and/or services available to you. These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You agree that AdorAfrika is not responsible or liable for any such Third-Party Service or for any transaction you may enter with the provider of any such Third-Party Service.

Contract Changes

AdorAfrika reserves the right at any time to modify these Terms of Service and to add new or additional terms or conditions on your use of AdorAfrika. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. Your continued use of AdorAfrika will be deemed acceptance thereof.

Disclaimer of Warranties; Liability Limitations

A.

ADORAFRIKA DOESN'T ASSURE OR PROMISE THAT YOUR USAGE OF ITS SERVICES WILL BE SMOOTH OR WITHOUT ISSUES. YOU ACKNOWLEDGE THAT ADORAFRIKA MIGHT OCCASIONALLY DISCONTINUE CERTAIN PRODUCTS OR SERVICES TEMPORARILY OR EVEN PERMANENTLY WITHOUT INFORMING YOU.

B.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, ADORAFRIKA IS AT YOUR SOLE RISK. ADORAFRIKA AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH ADORAFRIKA ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

C.

IN NO CASE SHALL ADORAFRIKA , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ADORAFRIKA OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ADORAFRIKA, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ADORAFRIKA, EVEN IF ADVISED OF THEIR POSSIBILITY.

D.

ADORAFRIKA DOES NOT REPRESENT OR GUARANTEE THAT ADORAFRIKA WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ADORAFRIKA DISCLAIMS ANY LIABILITY RELATING THERETO.

Indemnity

BY USING ADORAFRIKA, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ADORAFRIKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREIN, OR YOUR OTHER IMPROPER, UNAUTHORIZED OR UNLAWFUL USE OF ADORAFRIKA MUSIC FOR ARTISTS.

Notices

AdorAfrika can notify you regarding its services by emailing the address associated with your account, the business email you've provided, sending a letter to your contact address, or by posting directly on AdorAfrika. Such notices will take effect immediately unless stated otherwise in the notification.

Governing Law

You expressly agree that the laws of Mali, excluding its conflicts of law rules, govern these Terms of Service and your use of AdorAfrika. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction, or venue.

These Terms of Service constitute the entire agreement between you and AdorAfrika and govern your use of AdorAfrika, superseding any prior agreements between you and AdorAfrika. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. AdorAfrika’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. AdorAfrika will not be responsible for failures to fulfill any obligations due to causes beyond its control.