This agreement ("Agreement") is a contract between you and Ghsocial. ("Ghsocial ") and governs your use of the Ghsocial Website services (the "Service") and/or Ghsocial.com (the "Website"). By using the Ghsocial services, you agree to be bound by the following terms and conditions (the "Terms of Service"), whether or not you register as a member ("Member").
Note: You must be 18 years of age or older to open a new account on Ghsocial. ALSO, WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS. PLEASE BE SAFE WHEN INTERACTING WITH USERS.
Ghsocial reserves the right to remove any Member for any reason or no reason with or without prior notification. You acknowledge and agree that Ghsocial may store removed information at its sole discretion. You acknowledge and agree that Ghsocial is not liable for any lost or intentionally deleted data or information.
You may not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity, pornography, weapons, violence, or illegal drugs.
DESCRIPTION OF SERVICES
As a Member, you will be provided with a variety of Services, as described on the Ghsocial website. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Ghsocial reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at
1 | P a g e
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older, and if you are not of the age of majority where you reside, you will only use the Ghsocial Service with parental or legal guardian consent (following their review of this Agreement), and that your use of the Service shall not violate any applicable laws or regulations. You must be 18 years of age or older to open a new account. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
MEMBER ACCOUNT AND PASSWORD
Once Member registers for Ghsocial, Member will have a password and an account with Ghsocial. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify
2 | P a g e
MEMBER BEHAVIOR AND USE OF GHSOCIAL
Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. Ghsocial reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Ghsocial guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Ghsocial, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that Ghsocial deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Ghsocial reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
Members shall not list the email addresses of people unknown to them.
Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
Members shall not list as referrals any email addresses which are owned by or belong to that member.
Members shall not attempt to interfere with any other person's use of the Services.
Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, an Ghsocial employee, forum leader, guide or host.
Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the Ghsocial website.
Members shall not use any portion of the Ghsocial website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
Members shall not use any portion of the Ghsocial website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
3 | P a g e
Members shall not use any portion of the Ghsocial website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
Members shall not post content that displays pornographic or sexually explicit material of any kind.
Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Members shall not attempt to gain unauthorized access to Ghsocial's database or other computer systems.
Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Ghsocial in connection with the Ghsocial website or the Services.
Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Ghsocial website.
Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
Members shall not use any portion of the Ghsocial website or the Services for any unlawful purpose.
Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
4 | P a g e
Members shall not publicly post information that poses or creates a privacy or security risk to another person.
Members shall not attempt to buy Ghsocial VIP outside of the Ghsocial.com website
Members shall not attempt to sell Ghsocial VIP or an Ghsocial user account.
All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Ghsocial and its designees. Ghsocial has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Ghsocial Services. Ghsocial and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Ghsocial. Ghsocial is not obligated to provide a Member with a warning prior to removal.
NON-COMMERCIAL USE BY MEMBERS
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Ghsocial. Illegal and/or unauthorized use of the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Ghsocial for any illegal or unauthorized use of the Website.
5 | P a g e
You may decide to upgrade your membership to VIP status for an additional monthly subscription cost. If you choose to become a Ghsocial VIP, your membership will automatically renew on a monthly basis. If, at any point, you wish to discontinue your VIP membership, you may do so at your convenience.
In order for our esteemed users to gain continuous access to our services, Ghsocial automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotion message sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out.
CANCELLATION OF SUBSCRIPTION
You have the right to cancel your subscription within 14 days without giving any reason. The cancellation period will expire after 14 days from your purchase of the subscription. If you have benefited from a free account, the cancellation period will expire 14 days from the beginning of your free account.
If you cancel your subscription within the 14 day cancellation period as described above, Ghsocial will refund you a pro-rata amount of the subscription fee for the unused period of your subscription. However, as you agreed for the Ghsocial service to commence during the cancellation period, you will still be required to pay a subscription fee for the period of your subscription until you communicated to us your cancellation, (excluding any free trial period where no payment was taken) and
6 | P a g e
Ghsocial will therefore not refund you for that portion of your subscription. Ghsocial will make the refund without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel your subscription. We will issue the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. If you cancel during a free trial, you will not receive a refund as no payment will have been taken.
Ghsocial reserves the right to close your account (whether you are a paid subscriber or have a free account) at any time for any reason with or without notice to you. If you have paid a subscription fee for the Ghsocial Service and Ghsocial closes your account, Ghsocial will give you a pro-rata refund of any subscription fee you have paid in advance.
You can close your account and terminate any paid subscription or free trial at any time for any reason by visiting the 'Your Account' page and opting to ‘Delete your account’.
COPYRIGHTS, TRADEMARKS, PATENTS AND INTELLECTUAL PROPERTY RIGHTS
Member acknowledges that messages, files or other materials ("Content") contained on the Ghsocial website and within Ghsocial email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Ghsocial and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Ghsocial Content or third party Content only as expressly authorized by Ghsocial or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Ghsocial Content or third party Content without expressly being authorized to do so by Ghsocial or the third party advertiser. Member may make a copy of the Ghsocial Content or third party Content for Member's personal, non-commercial use only, provided that Member keeps all copyrights or other proprietary notices intact. Although Ghsocial does not claim ownership of content that its Member's may provide to Ghsocial, by providing content to Ghsocial, Members automatically grant, and represent and warrant that they have the right to grant, to Ghsocial a worldwide, irrevocable, perpetual, non-exclusive, and fully sub licensable, license to use, copy, perform, display, and distribute said content.
7 | P a g e
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on Ghsocial that you claim is infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
Ghsocial 's Agent will forward this information to the alleged infringer. It is
Ghsocial s policy to terminate the accounts of repeat infringers.
THIRD PARTY LINKS
The sites linked to by the Ghsocial Website are developed by people over whom Ghsocial exercises no control Ghsocial cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that Ghsocial will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the Ghsocial Services.
You are solely responsible for your interactions with other Ghsocial Members. Ghsocial reserves the right, but has no obligation, to monitor disputes between you and other Members.
8 | P a g e
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of Ghana without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of Ghana.
Either party may terminate use of the Ghsocial website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Ghsocial may terminate with or without cause at any time and effective immediately, at Ghsocial's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Ghsocial shall not be liable to Member or any third party for termination of use of Ghsocial or the Services. Member's right to use Ghsocial or the Services shall cease immediately. Member shall have no right and Ghsocial will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE GHSOCIAL WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE GHSOCIAL WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GHSOCIAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GHSOCIAL WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, GHSOCIAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GHSOCIAL WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE GHSOCIAL WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GHSOCIAL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GHSOCIAL WEBSITE OR THE SERVICES: Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9 | P a g e
UNDER NO CIRCUMSTANCES SHALL GHSOCIAL BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE GHSOCIAL WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GHSOCIAL WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE GHSOCIAL WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GHSOCIAL WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GHSOCIAL WEBSITE OR THE SERVICES OR ANY LINKS ON THE GHSOCIAL WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GHSOCIAL WEBSITE OR THE SERVICES OR ANY LINKS ON THE GHSOCIAL WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
You agree to indemnify and hold Ghsocial, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand,including reasonable attorneys' fees, Ghsocial (or other Indemnitees) may incur resulting from or arising out of your use of the Service, your actions, any content you submit, post, or transmit through the Service, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Ghsocial and any User of the Service.
WAIVER AND SEVERABILITY
The failure of Ghsocial to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
10 | P a g e
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ghsocial without restriction.
The Agreement makes up the entire agreement between Member and Ghsocial and governs your use of Ghsocial and the Services, superseding any prior agreements between Member and Ghsocial. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third- party software. The failure of Ghsocial to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.
This Agreement shall be governed by and construed in accordance with the laws of Ghana without regard to the conflicts of laws and principles thereof.
This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Ghsocial regarding the use of the Ghsocial and/or the Service.
Last Updated: November 30, 2018
11 | P a g e