Community & User Agreement

What is in this long document?

The African Monitor Community & User Agreement

COMMUNITY AGREEMENT

Broadly, at The African Monitor, we believe in self-expression and the free and open exchange of opinions, thoughts, and ideas. We also believe in civility; a rudimentary level of respect is essential to sustain dialogue over time. To that end, The African Monitor enforces a set of community guidelines.

Our aim is to have a small set of clear rules that we consistently and impartially enforce. We would love your feedback and advice on how to write and implement them better.

What is  Not Allowed On The African Monitor

Here are the categories of stuff we don’t allow users to post on The African Monitor – in whatever form, whether words, images, avatars, or links to web pages that contain it:

Hateful abuse: Slurs, epithets, and hateful speech that denigrates people based on race, ethnicity, religion, disability, gender, gender expression, age, veteran status, or sexual orientation.

 

Abusive names: Usernames, screen names, bios, or avatars that are abusive, fraudulent, racist, demeaning, hateful, needlessly inflammatory, overtly sexual, or impersonating in a way that’s not obviously a parody. Basically, The African Monitor’s username space should be rated G or PG.

 

Gratuitous sexual explicitness: Words or images that are sexually explicit in a way that’s off-topic or out-of-context.

 

Trademark and copyright infringement: Speech or links that infringe someone else’s legally protected trademark or copyright, recognizing that fair use is a fundamental element of free speech.

 

Harassment: Repeatedly attacking, bullying, or trolling someone in a targeted, ad hominem, or otherwise over-the-top way.

 

What Happens When We Find Something Not Allowed

We will take down any comments or posts, and disable any usernames or screen names, that violate these guidelines. When we take action like that, we will attempt to notify the person who posted it, via email or our web interface, to give her/him a chance to fix the issue or to argue back in case we’re getting it wrong. Where someone repeatedly violates the guidelines, we may restrict, suspend, or terminate the account.

We will do our best to be abundantly clear and consistent in enforcing these rules, to be open and honest about it, and to honor the guidelines in their implementation. Of course, as our lawyerly besties have advised us to state explicitly, we reserve the right to enforce, or not enforce, our community guidelines in our sole discretion. These rules create no duty or contractual obligation for us to take any particular action.

The African Monitor is designed to help you share information that you or people you choose to follow locate on the web. As a result, much of the information generated through The African Monitor is shared publicly or with third parties. All The African content is public. We may also distribute content and feeds through an email digest to users who have elected to receive such email digests.

USER AGREEMENT

Public Shared The African Monitor Activity Information:

Your activity on The African Monitor network is public by default and can be located by or distributed to anyone, although certain activity and information can be made private through your Account settings page (such as your The African Monitor Deeper/Top Twitter stories, The African Monitor Reader feed, items that you The African Monitor, and your Saved items). Individuals reading the aforementioned information may use or disclose it to other individuals or entities without our control and without your knowledge. Therefore, we urge you to think carefully about how you configure your The African Monitor settings, and what actions you take on The African Monitor.

Information You Elect to Share:

In addition to reviewing this Privacy Policy, you should also review the terms of service and privacy policies of any Third Party Services that you access through The African Monitor. The African Monitor respects the privacy settings/policies that you have selected with Third Party Services, and only shares information consistent with those privacy settings and policies.

You may otherwise access Third Party Services through The African Monitor, for example by accessing curated content. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those privacy policies. This Privacy Policy only governs information collected on or through The African Monitor.

User Profile Information:

User profile information, including the display Name you select, the username you choose to use on The African Monitor, avatars or images you elect to upload and other information you enter on your profile (such as your bio), may be displayed to other users to facilitate user interaction within The African Monitor. Email addresses, Twitter, Facebook, and/or Google account name will not appear on your public profile unless you enter it in the bio area yourself.

Aggregate Information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use The African Monitor and their services or websites, which facilitates improving both their services and how we interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Information Shared with Our Agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Information Disclosed Pursuant to Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets associated with The African Monitor, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us may continue to use your Personal Information as set forth in this policy.

Information Disclosed for the Protection of Us and Others:

We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.

Information We Share With Your Consent:

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Email Communications:

If you sign up for The Daily The African Monitor email via the The African Monitor website or in any other The African Monitor application, you will receive an email once daily highlighting some curated or other content on The African Monitor. If you sign up for The African Monitor Deeper/Top Twitter email alerts or a daily summary email of your The African Monitor Deeper/Top Twitter stories, you may select frequency and/or timing of such emails through your settings page.

Regardless of whether you decide to receive the above mentioned email alerts, you may occasionally receive from us email and other communication relating to your Account. These emails will only be sent for important purposes, such as password recovery or important communications regarding The African Monitor services and/or features.

We may receive a confirmation when you open an email from us. We use this confirmation to improve email deliverability and/or our customer service.  If you do not wish to receive emails from The African Monitor, you may unsubscribe from individual email communications through your settings page, or click the unsubscribe link in any email to cease all further email correspondence from The African Monitor.

Is Information About Me Secure?

Your Account information (including your Twitter, Facebook, Google or other third-party logins) is protected for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your passwords appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

We endeavor to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We store all of our information, including your IP address information, using industry-standard security techniques. Although we undertake regular security review and use industry Best Practices to keep your information safe, we do not guarantee or warrant that such techniques will prevent unauthorized access to information about you we store, Personal Information or otherwise.

What Information of Mine Can I Access?

You can access information associated with your Account by logging into the web version of The African Monitor, or through The African Monitor application. You can adjust settings and privacy preferences through your Account settings.

How Can I Delete My Account?

Should you ever decide to delete your Account, you may do so by visiting your Account settings page. If you terminate and delete your Account, any association between your Account and information stored by, or in connection with, The African Monitor will no longer be accessible. However, given the nature of sharing using The African Monitor, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public. If you would like us to remove such stored information, please send us an email at support@theafricanmonitor.com.

The African Monitor Terms of Use

Hi! Welcome  The African Monitor Terms of Service. Please have a sit and make yourself comfortable.

What is this long document?

The document you are reading now is the legal contract between you and Media & Technologies. (a.k.a., “The African Monitor”, “we”, “us”) that applies to your use of anything The African Monitor, including The African Monitor’s websites, mobile apps, email and other products, content, and related services (in this doc, we’re going to refer to The African Monitor’s products and services collectively as “The African Monitor Services”).

Who is Media & Technologies.?

Media & Technologies. is the company that provides and operates  The African Monitor and other affiliated sites. We refer to ourselves here as “The African Monitor”, because The African Monitor is one of the trade names of Media & Technologies.

Why is it important for me to read this?

Even if you breeze past most terms of service on the Internet, we think you should give this one a good, solid read.  This document is important if you’re a The African Monitor user. By using The African Monitor Services, you are agreeing to be bound by all of the provisions set out here in The African Monitor’s Terms of Service.

Who is the owner of what I post here?

You are. When you post a comment or image or write or submit something on The African Monitor, you own that content, as far as we’re concerned. The African Monitor doesn’t claim any ownership of your content.

Since it’s yours, we need your permission to use your content. Here’s what you’re agreeing to: When you post or submit content of any sort on The African Monitor, you are giving us permission to use it as needed to provide The African Monitor Services. That includes, for example, actions like storing, displaying, reproducing, and distributing your content. Since The African Monitor Services are, for the most part, public, you are also agreeing that other The African Monitor users will be able to see it. Your permission to use your content continues even if you stop using The African Monitor or terminate your account. Also, we can use your content on others’ sites and services to promote The African Monitor Services or to boost awareness of your content itself.

Please only post things on The African Monitor that you have the right to post, like your own writing or a public URL or link to a story or video embed. When you post content on The African Monitor, you are representing and warranting that you have all of the necessary rights to give us permission to use it.

An important thing we promise not to do: we will not sell your content or data to anyone else without your explicit permission.

Conversely, The African Monitor retains copyright and any other applicable rights in the things we post on The African Monitor, including The African Monitor’s logo, design, and look and feel.

Can I delete my own content from The African Monitor?

Yes, with a couple of clicks.

Much of the content (for example, questions or comments on a The African Monitor Dialog) posted by The African Monitor users is part of a social conversation among multiple individuals, meaning that deleting a question or comment can be unfair to those who wrote later responses — deletion of something previously posted in public would effectively rip a bewildering hole in the conversational thread. In cases like that, rather than deleting your comment entirely, we will enable you to remove your name, username, and any other identifying information from the content. The content will remain, but the attribution to you will not.

When you delete some content or your entire account from The African Monitor, it may take some time for our systems to fully remove it from public view. We maintain backup systems that may keep copies of your deleted content for some time; but please be aware that if you hit “delete” on The African Monitor, our backup of the content may immediately become unrecoverable.

Can The African Monitor block or delete my content from The African Monitor?

Yes. The African Monitor has the right to refuse or remove any content you post, submit, or transfer to The African Monitor, for any reason or even no reason. There are limits to what we find acceptable for The African Monitor, set out in the Community Guidelines. We aim to enforce The African Monitor’s Community Guidelines, so when we become aware of a violation, we may remove content, suspend or alter your user name, or even suspend or delete your account. Sometimes new issues emerge that aren’t properly addressed in the Community Guidelines, so we reserve the right to block or delete content from The African Monitor in our sole discretion. Having said that, we will very sincerely strive not to misuse or abuse that right.

Can The African Monitor change these Terms of Service?

Yes. We can change The African Monitor’s Terms of Service at any time. If the changes are material, we’ll let you know by email or by posting a notice on the site and/or apps well before the changes go into effect. The notice will designate a reasonable amount of time (we call that the “Notice Period”) after which the new Terms of Service will go into effect for all users. If you don’t agree to the new Terms of Service, we ask that you delete your account before the end of the Notice Period. If you do not delete your account before the end of the Notice Period, your content and use of the site will be subject to the new Terms of Service from that time forward.

Can The African Monitor change or end the services it offers?

Yes. At the risk of belaboring the obvious, The African Monitor has the right to change, terminate, or restrict access to any aspect of The African Monitor Services, at any time, and with or without notice.

How does The African Monitor protect my privacy?

That’s set forth in The African Monitor’s privacy policy. When you use The African Monitor Services, you consent to The African Monitor collecting and using information as detailed in the Privacy Policy. If you’re outside the United States, you consent to the transfer, storage, and processing of your information—including but not limited to the content you posted or transferred to the site and any personal information—to and within the United States and other countries.

Is The African Monitor for children?

No. You must be 16 or older to use The African Monitor. If you are under 16, you are not permitted to use The African Monitor Services. If we learn that you are under 16, we will terminate your account.

More broadly, if you can’t legally form a binding contract, or are otherwise legally prohibited from using The African Monitor Services, you don’t have our permission to use The African Monitor Services.

Do these Terms of Service apply to the third-party services I can use to create an account or auth in to The African Monitor?

No. The African Monitor enables the use of other companies’ services — like Twitter’s and Google’s — to create and authorize user accounts. If you use those third-party services in connection with The African Monitor Services, you are agreeing to their terms of use, privacy policy, and other agreements between you and them.

How does The African Monitor deal with copyright infringement?

The African Monitor complies with the Digital Millennium Copyright Act. We have a policy of terminating repeat copyright infringers as appropriate.

The contact information for The African Monitor’s Designated Agent for receipt of notices of claimed infringement is here:

Email: support@theafricanmonitor.com

Is there something else that I need to be aware of?

Hold on!  The American legal system has developed a set of provisions for Terms of Service like ours that we really need to include in this contract. You should read them, even though they are written in mind-numbing ALL CAPS — evidently, the powers-that-be believe that ALL CAPS LEGALESE is more forceful and urgent and makes a deeper impression than, say, well-written, well-organized, human-friendly text. Regardless, these provisions matter a lot — among other things, they limit our liability and specify applicable law and venue — so please don’t ignore them.

Without further ado:

  1. YOU USE THE THE AFRICAN MONITOR SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  2. THE AFRICAN MONITOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE AFRICAN MONITOR SERVICES. FOR EXAMPLE, WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE THE AFRICAN MONITOR SERVICES WILL BE CORRECTED.
  3. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE AFRICAN MONITOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AFRICAN MONITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE THE AFRICAN MONITOR SERVICES.
  4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE AFRICAN MONITOR FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED FIFTY DOLLARS (US $150.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
  5. THE FAILURE OF THE AFRICAN MONITOR TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. THE TERMS AND OUR PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE AFRICAN MONITOR AND GOVERN YOUR USE OF THE THE AFRICAN MONITOR SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND THE AFRICAN MONITOR (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS). YOU AGREE THAT THESE TERMS AND YOUR USE OF THE THE AFRICAN MONITOR SERVICES ARE GOVERNED UNDER THE MARYLAND LAW LAW. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST THE AFRICAN MONITOR MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN MARYLAND COUNTY, MARYLAND, EXCEPT AS OTHERWISE AGREED BY THE PARTIES. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN MARYLAND COUNTY, MARYLAND, FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES. (Before resorting to courts, though, we strongly encourage you to contact us directly to try to work it out.)          Effective April 8, 2017.

Now you might leave. It is always a pleasure to have you. Come back here very often.