RUNNING AFRICA'S TERMS OF USE

(A) Governing Terms. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature and the RUNNING AFRICA Privacy Policy, set forth the terms and conditions that apply to your use of the Site. By using the Site, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.

(B) Changes to Terms of Use. RUNNING AFRICA may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to Site. RUNNING AFRICA may regularly update or make changes to or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, the structure, design, or layout of the Site, content, hours of availability, equipment, compatible devices and software needed for access or use.

(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from RUNNING AFRICA and/or to participate in certain features on the Site such as certain Interactive Areas (as defined below). RUNNING AFRICA will use the information you provide in accordance with the RUNNING AFRICA Privacy Policy. By registering, you represent and warrant that all information that you provide to create Your Account is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update Your Account information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or username. You acknowledge and agree that RUNNING AFRICA may rely on this password or username to identify you. You are solely responsible for protecting the confidentiality of your username(s) or password(s), if any. In addition, you are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.

(E) System and Compatibility Requirements. To use the Site, you will need to use a computer, mobile device, streaming media player or other device that meets the Site' system and compatibility requirements (which we may update from time to time). In addition, features and functionalities that we make available through the Site may differ by device. Please check the requirements periodically, as we may change or cease support of any hardware or software platforms at any time. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.

(A) Interactive Areas. The Site may contain comments sections, discussion forums, or other interactive features, RUNNING AFRICA's user-generated news community (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are that you are 18. Employees of Cable News Network, Inc. may not submit User Content without permission from their supervisors.

(B) Community Guidelines. By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct:

• You agree not to upload, post or otherwise transmit any User Content that:
  • violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
  • you know to be false, misleading or inaccurate.
  • contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
  • contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
  • violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
  • advocates violent behavior.
  • poses a reasonable threat to personal or public safety.
  • contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
  • is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by RUNNING AFRICA, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
  • does not generally pertain to the designated topic or theme of any Interactive Area.
  • contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such person's name or likeness in the manner contemplated by the Site.
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by RUNNING AFRICA.
• You agree not to impersonate any person or entity, including, but not limited to, RUNNING AFRICA or any RUNNING AFRICA employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Any views represented in your comments are your own, and you agree not to accept any compensation, services, or anything of value in exchange for posting User Content; or to post comments on behalf of other persons, government organizations, companies, special interest groups, marketing agencies, or other interests.
• You agree not to represent or suggest, directly or indirectly, RUNNING AFRICA's endorsement of User Content.
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
• You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
• You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies including Artificial Intelligence. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
• You agree not to use any technology, service or automated system, including Artificial Intelligence, to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

Any conduct that in RUNNING AFRICA's sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. RUNNING AFRICA reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.

RUNNING AFRICA does not vouch for the accuracy or credibility of any User Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.

(A) Purchasing a Subscription. You may purchase your Subscription either (a) directly through us or (b) through a third party (e.g., an app store or your internet, mobile or TV provider) that has been authorized to provide Subscriptions to the RUNNING AFRICA Site (each, a “Third Party Provider”). As used in these Terms, the term “Subscription Provider” refers to us and each Third Party Provider, individually and collectively.

(i) Purchasing a Subscription Directly Through Us. You may purchase a Subscription directly through us. We or our third-party payment processor (the “Payment Service”)) will process your Payment Method. After your original Subscription ends, it will automatically renew at the then-current rates unless you cancel before the renewal. Renewal charges will be applied to the Payment Method associated with Your Account. By providing us with a Payment Method, you expressly acknowledge and agree that we or the Payment Service are authorized to periodically charge the applicable Subscription fee together with any applicable taxes and service fees (collectively, the “Subscription Fee”) on a recurring basis until you duly cancel your Subscription. We and/or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not either update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not available when a payment becomes due, we may restrict, suspend or cancel your Subscription due to lack of payment.

(ii) Purchasing a Subscription through a Third Party Provider. If you purchase a Subscription through a Third Party Provider, the Third Party Provider will process your Payment Method and give you further details on how to sign in or create Your Account, which may require you to leave the Third Party Provider platform to confirm your information with us. If you have questions about payments through your Third Party Provider, please contact your Third Party Provider directly.

(B) Ongoing Subscription and Billing Cycle. By purchasing a Subscription with a Subscription Provider and providing the Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a Subscription Fee. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis at the intervals specified when you complete your Subscription purchase unless you cancel your Subscription prior to your Subscription renewal. Please note that the length of your billing cycle will vary based upon the Subscription plan you choose when you subscribe. The timing of your billing may change in the event of a problem with your Payment Method (e.g., an expired credit card), in the event you change your Subscription plan or where you start your Subscription on a day not contained in a subsequent month. If you subscribe through us, you can go to the “Subscription” section in your settings to see your next billing date. If you subscribe through a Third Party Provider, contact your Third Party Provider to see your next billing date.

(C) Subscription Price Changes

Your Subscription Provider may change the amount of your Subscription Fee for any Subscription plan at any time and will communicate price changes to you in accordance with applicable law. Your continuation of your subscription to the service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Subscription in accordance with these Subscription Terms.

(D) No Refunds. UNLESS REQUIRED BY APPLICABLE LAW, SUBSCRIPTION FEES ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS, CREDIT, OR PRORATED BILLING FOR CANCELLED SUBSCRIPTIONS. Even if you cancel your Subscription before the end of your current billing period, as applicable, you will not receive a refund for any portion of the Subscription Fees for the remainder of that billing period. If you cancel, you will continue to have access to the Subscription Content until the end of the then-current billing period. A Subscription Provider may choose to offer refunds, discounts or other consideration as a discretionary accommodation. However, each circumstance is unique and a Subscription Provider's election to make such an offer in one instance does not create the obligation to do so in another

(E) Your right to cancel. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME AND YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION CONTENT THROUGH THE END OF THE THEN-CURRENT BILLING PERIOD (I.E. THE SUBSCRIPTION PERIOD THAT YOU HAVE ALREADY PAID FOR). YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE'S SUBSCRIPTION FEE. IF YOU PURCHASED YOUR SUBSCRIPTION DIRECTLY THROUGH US, YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS BY CLICKING “MANAGE SUBSCRIPTION”. IF YOU PURCHASED YOUR SUBSCRIPTION THROUGH A THIRD PARTY PROVIDER, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION DIRECTLY WITH THAT THIRD PARTY PROVIDER.

You acknowledge and agree that, to the extent not prohibited by applicable law, cancellation of your Subscription is your sole recourse if you have any dissatisfaction, issue or concern related to your Subscription, including the Subscription Content, Subscription Fees, applicable taxes, or billing methods; the Subscription Terms or any changes thereto; or any other policies or practices that apply to the Subscription.

(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER RUNNING AFRICA, ITS PRESENT OR FUTURE PARENT(S), SUBSIDIARIES, OR RELATED ENTITIES (COLLECTIVELY, “AMN”), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RUNNING AFRICA IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL AMN, BE LIABLE TO YOU FOR (i) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, (ii) ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR (iii) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100). BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AMN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT AMN IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.

(E) RUNNING AFRICA DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO RUNNING AFRICA'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.

(F) SUBJECT TO SECTION 12, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NONARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 12(2), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE (ALTHOUGH FOR THE SAKE OF CLARITY IT MAY BE FURTHER EXTENDED IF YOUR DISPUTE, CLAIM, OR CONTROVERSY IS PART OF A MASS FILING AS CONTEMPLATED IN SECTION 12(9)). YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.