RUNNING AFRICA - TERMS OF USE
MOBILE APPS/WEBSITE TERMS OF USE
Welcome to Running Africa!
FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE
(“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE,
AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT
NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR
INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION
ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR
JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A
DISPUTE.
1. About These Terms.
These Terms of Use describe the terms and conditions that govern your use of the
current and future online and mobile websites, platforms, services, applications, and
networks owned or operated by Running Africa, LLC., including without limitation,
runningafricanow.com. You accept and agree to be bound by these Terms of Use when
you use the Site, without limitation, when you view or access content or videos on the
Site. The Site is designed for and targeted to adults. They are intended solely and
exclusively for individuals who are at least 18 years of age or older. In order to use and
access the features and services provided by the Site you must be 18 years of age or
older (or whatever the applicable age of majority (legal adulthood) is where you are
located). If you are not an adult, please stop and discontinue your use of the Site.
(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.
2. User Content and Conduct; Community Guidelines.
The following terms apply to content submitted by users, and user conduct, on the Site’s
Interactive Areas:
(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.
C) Monitoring. RUNNING AFRICA shall have the right, but not the obligation, to
monitor User Content posted or uploaded to the Site to determine compliance with
these Terms of Use and any operating rules established by RUNNING AFRICA and to
satisfy any law, regulation or authorized government request. Although RUNNING
AFRICA has no obligation to monitor, screen, edit or remove any of the User Content
posted or uploaded to the Site, RUNNING AFRICA reserves the right, and has absolute
discretion, to screen, edit, refuse to post or remove without notice any User Content
posted or uploaded to the Site at any time and for any reason, and you are solely
responsible for creating backup copies of and replacing any User Content posted to the
Site at your sole cost and expense. In addition, RUNNING AFRICA may share
personally identifiable information in response to a law enforcement agency’s request,
or where we believe it is necessary, or as otherwise required or permitted by law. See
RUNNING AFRICA Privacy Policy.
The decision by RUNNING AFRICA to monitor and/or modify User Content does not
constitute nor shall it be deemed to constitute any responsibility or liability in any
manner on the part of RUNNING AFRICA in connection with or arising from use by you
of Interactive Areas on the Site.
(D) License to User Content. By submitting User Content to the Site, you automatically
grant RUNNING AFRICA and its parent company, AFRICA MEDIA NETWORK, INC.,
the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the
obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative
works from, incorporate into other works, distribute, sub-license and otherwise exploit
such User Content (in whole or in part) worldwide in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist in such
User Content, without payment to you or to any third parties. You represent and warrant
to RUNNING AFRICA that you have the full legal right, power and authority to grant to
RUNNING AFRICA the license provided for herein, that you own or control the complete
exhibition and other rights to the User Content you submitted for the purposes
contemplated in this license and that neither the User Content nor the exercise of the
rights granted herein shall violate these Terms of Use, or infringe upon any rights,
including the right of privacy or right of publicity, constitute a libel or slander against, or
violate any common law or any other right of, or cause injury to, any person or entity.
You further grant RUNNING AFRICA the right, but not the obligation, to pursue at law
any person or entity that violates your or RUNNING AFRICA’s rights in the User
Content by a breach of these Terms of Use.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of
attribution or integrity) in the User Content, you hereby declare that (a) you do not
require that any personally identifying information be used in connection with the User
Content, or any derivative works of or upgrades or updates thereto; (b) you have no
objection to the publication, use, modification, deletion and exploitation of the User
Content by RUNNING AFRICA or its licensees, successors and assigns; (c) you forever
waive and agree not to claim or assert any entitlement to any and all moral rights of an
author in any of the User Content; and (d) you forever release RUNNING AFRICA, and
its licensees, successors and assigns, from any claims that you could otherwise assert
against RUNNING AFRICA by virtue of any such moral rights. You also permit any
other user to access, view, store or reproduce the User Content for that user’s personal
use.
(F) No Obligation. User Content submitted by you will be considered non-confidential
and RUNNING AFRICA is under no obligation to treat such User Content as proprietary
information except pursuant to the RUNNING AFRICA Privacy Policy. Without limiting
the foregoing, RUNNING AFRICA reserves the right to use any User Content as it
deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or
refusing to post it. RUNNING AFRICA is under no obligation to edit, delete or otherwise
modify User Content once it has been submitted to RUNNING AFRICA. RUNNING
AFRICA shall have no duty to attribute authorship of User Content to you, and shall not
be obligated to enforce any form of attribution by third parties.
3. Copyright Ownership.
The Site contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of the Site are copyrighted as a collective work under the United
States copyright laws. RUNNING AFRICA owns copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to it.
You may not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in part. You may
download copyrighted material for your personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted without
the express permission of RUNNING AFRICA and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material.
4. Third Party Content.
RUNNING AFRICA is a distributor (and not a publisher or creator) of content supplied
by third parties and users. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers or users of the Site, are those of the respective author(s) or
distributor(s) and not of RUNNING AFRICA. Neither RUNNING AFRICA nor any thirdparty provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose. (Refer to
Section 6 below for the complete provisions governing limitation of liabilities and
disclaimers of warranty.)
In many instances, the content available through the Site represents the opinions and
judgments of the respective user or information provider not under contract with
RUNNING AFRICA. RUNNING AFRICA neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on the Site by any third
party. Under no circumstances will RUNNING AFRICA be responsible or liable, directly
or indirectly, for any loss or damage caused by your use or reliance on information
obtained through the Site. RUNNING AFRICA is not responsible for any actions or
inaction on your part based on the information that is presented on the Site. It is your
responsibility to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through the Site. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
5. Advertisements and Promotions.
RUNNING AFRICA may run advertisements and promotions from third parties on the
Site. Your business dealings or correspondence with, or participation in promotions of,
advertisers other than RUNNING AFRICA, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such third
party. If you engage in any transaction with an advertiser featured on the Site, including
providing that advertiser with any personal information, you agree that we are not
responsible for such transaction or provision of personal information and you further
agree that RUNNING AFRICA is not responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of thirdparty advertisers on the Site.
6. Subscription Terms.
These Subscription Terms set forth in this Section govern your use and access to
subscription content on the RUNNING AFRICA Site (the “Subscription Content”).
RUNNING AFRICA users residing within one of the fifty (50) states of the United States
of America (“U.S.”) and global, are permitted to have access to Subscription Content on
the RUNNING AFRICA Site
To access Subscription Content, you must have an Account, and you must have an
active subscription plan (a “Subscription”) with a valid payment method (a “Payment
Method”).
(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.
(F) Changing Your Account Information. Should you wish to change the information
associated with Your Account, you may do so within your Settings when logged into
Your Account. If you created an account with a Third Party Provider in order to access
the Subscription Content, you can manage your account information directly with that
Third Party Provider.
DULY CANCEL. You will not be notified that your Promotional Period is about to end
unless such notice is required by applicable law.
(J) Customer Service. For Customer Service inquiries related to your Subscription
(including Subscription Fee and Payment Method), purchased directly through us or the
Subscription Content available through the RUNNING AFRICA Site, please contact
RUNNING AFRICA Customer Support at info@theafricamedianetwork.com.
For Customer Support matters related to your Subscription billed through a Third Party
Provider (including Subscription Fee and Payment Method) or other matters relating to
billing through your Third Party Provider, please contact your Third Party Provider
directly.
If you have reason to believe that Your Account credentials have been compromised or
misappropriated in some way, you are encouraged to contact us immediately at
RUNNING AFRICA Customer Support at info@theafricamedianetwork.com.
(K) Suspension and Termination. Any Subscription Provider may suspend or terminate
your Subscription immediately for any reason or for no reason whatsoever, including if it
is reasonably determined that you have provided inaccurate account or payment details
or you are otherwise in violation of these Terms. In addition to the foregoing,
Subscription Providers can modify access or disable features of the Subscription
Content where it is concluded in their respective discretion that there has been misuse
of Your Account. If a suspension or termination occurs, you must stop accessing the
Subscription Content. If a Subscription Provider suspends or terminates your
Subscription and/or access to all or any part of the Site, you agree not to create another
Account or try to access the Subscription Content without permission and such
Subscription Providers reserves the right to block any such attempted access to the
Subscription Content.
7. Disclaimer of Warranty; Limitation of Liability and Time Limitation for Claims.
(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.
Party Provider, and you have unpaid amounts, your Third Party Provider may take
action based on the terms of your Subscription with that Third Party Provider.
Your Subscription Provider may retry or permit the Payment Service to retry billing your
Payment Method after failed attempts (e.g., if your Payment Method is rejected). Your
Subscription Provider also may pursue or permit the Payment Service or another third
party to pursue any amounts you fail to pay in connection with your Subscription. Except
as specified in Section 13, you will remain liable for all costs and expenses charged in
connection with such billing activity, , such as bank overdraft and processing fees, and
all costs and expenses incurred to collect these unpaid amounts, such as collection
agency fees, reasonable attorney’s fees and arbitration costs.
(I) Free Trials and Promotional Offers. From time to time, Subscription Providers may
make certain Subscription plans on the Site available to you on a free trial basis for a
limited time (each, a “Trial Subscription”). The duration of each Trial Subscription will
be specified at sign-up (“Free Trial Period”). Trial Subscriptions are limited to new
subscribers, unless otherwise specified. Your status as a new subscriber will be
determined by your Subscription Provider.
At the time of signing up for a Trial Subscription, you must provide a valid Payment
Method in order to access the Subscription Content during the Free Trial Period. Your
Payment Method will not be charged during the Free Trial Period.
You agree not to register multiple times for the same Trial Subscription using multiple
names, addresses, email addresses or other means. Any such action shall constitute a
violation of these Terms and may result in the termination of your Subscription.
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.
11. Governing Law and Venue.
The content, data, video, and all other material and features on the Site are presented
for the purpose of providing entertainment, news and/or information and/or promoting
programs, films, music, games, and other products and/or services that are or may
become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your
access to, and/or use of the Site, and/or the provision of content, services, and/or
technology on or through the Site shall be governed by and construed exclusively in
accordance with the laws and decisions of the State of New York applicable to contracts
made, entered into and performed entirely therein, without giving effect to its conflict of
laws provisions, except to the extent that law is inconsistent with or preempted by
federal law. Any dispute that is not subject to arbitration under Section 12 (Dispute
Resolution) of this Agreement, or any issues involving arbitrability or enforcement of
provisions under Section 12, shall be brought in the appropriate state or federal court
located in Gwinnett County, Georgia; and we both irrevocably consent to the exclusive
jurisdiction and venue of the state or federal courts in Gwinnett County, Georgia for the
adjudication of all non-arbitral claims.
12. Severability.
Except as specified in Section 12 (Dispute Resolution), if any provision of this
Agreement shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable for this Agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement between the
parties relating to the matters contained herein.
13. Dispute Resolution.
We endeavor to resolve customer concerns as quickly as possible. Please contact
RUNNING AFRICA at info@theafricamedianetwork.com.
In the unlikely event that you’re not satisfied with customer service’s solution,
and you and RUNNING AFRICA are unable to resolve a dispute through the
Informal Dispute Resolution Procedures below, we each agree to resolve the
dispute through binding arbitration or small claims court instead of in courts of
general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in court, and is subject
to very limited review by courts. Unless expressly limited by this arbitration provision,
arbitrators can award the same damages and relief that a court can award. Any
arbitration under this Agreement will take place on an individual basis; class
arbitrations and class actions are not permitted. In arbitration you may be entitled to
recover attorneys’ fees from us to the same extent as you would be in court.
ARBITRATION AGREEMENT
(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law,
RUNNING AFRICA and you agree to arbitrate all disputes and claims between us,
except for claims arising from bodily injury or that pertain to enforcing, protecting, or the
validity of your or our intellectual property rights (or the intellectual property rights of any
of our licensors, affiliates and partners). This Arbitration Agreement is intended to be
broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether
based in contract, tort, fraud, misrepresentation or any other statutory or common-law
legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to,
claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily injury;
• claims that are currently the subject of purported class action litigation in which you are
not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to “RUNNING AFRICA,” “you,” “we” and “us” in this Arbitration Agreement
include our respective predecessors in interest, successors, and assigns, as well as our
respective past, present, and future parents, subsidiaries and affiliates (including
AFRICA MEDIA NETWORK, Inc. and its affiliates); those entities and our respective
agents, employees, licensees, licensors, and providers of content as of the time your or
our claim arises; and all authorized or unauthorized users or beneficiaries of Services
under this or prior Agreements between us. Notwithstanding the foregoing, either party
may elect to have claims heard in small claims court seeking only individualized relief,
so long as the action is not removed or appealed to a court of general jurisdiction. This
Arbitration Agreement does not preclude you from bringing issues to the attention of
federal, state, or local agencies. You agree that, by entering into this Agreement,
you and we are each waiving the right to participate in a class action and to a trial
by jury to the fullest extent permitted by applicable law. This Agreement evidences
a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§
1-16) governs the interpretation and enforcement of this arbitration provision. This
Arbitration Agreement shall survive termination of this Agreement.
2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures:
You and we agree that good-faith, informal efforts to resolve disputes often can result in
a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who
intends to initiate arbitration or file a claim in small claims court must first send to the
other a written Notice of Dispute (“Notice”). A Notice from you to RUNNING AFRICA
must be emailed to info@theafricamedianetwork.com (“Notice Address”).
Any Notice must include (i) the claimant’s name, address, and email address; (ii) a
description of the nature and basis of the claim or dispute; (iii) if you are submitting the
Notice, any relevant facts regarding your use of the Site, including whether you have
created an account with or receive any newsletters associated with any of the Site; (iv)
a description of the nature and basis of the specific relief sought, including the damages
sought, if any, and a detailed calculation for them; and (v) a personally signed statement
from the claimant (and not their counsel) verifying the accuracy of the contents of the
Notice. The Notice must be individualized, meaning it can concern only your dispute
and no other person’s dispute.
After receipt of a completed Notice, the parties shall engage in a good faith effort to
resolve the dispute for a period of 60 days (which can be extended by agreement). You
and we agree that, after receipt of the completed Notice, the recipient may request an
individualized telephone or video settlement conference (which can be held after the 60-
day period) and both parties will personally attend (with counsel, if represented). You
and we agree that the parties (and counsel, if represented) shall work cooperatively to
schedule the conference at the earliest mutually-convenient time and to seek to reach a
resolution. If we and you do not reach an agreement to resolve the issues identified in
the Notice within 60 days after the completed Notice is received (or a longer time if
agreed to by the parties), you or we may commence an arbitration proceeding or a
small claims court proceeding (if permitted by small claims court rules)
(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.
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution
Procedures section is a condition precedent to initiating arbitration. Any applicable
limitations period (including statute of limitations) and any filing fee deadlines shall be
tolled while the parties engage in the informal dispute resolution procedures set forth in
this Subsection 12.2. All of the Mandatory Pre-Arbitration Notice and Informal Dispute
Resolution Procedures are essential so that you and RUNNING AFRICA have a
meaningful opportunity to resolve disputes informally. If any aspect of these
requirements has not been met, a court of competent jurisdiction may enjoin the filing or
prosecution of an arbitration. In addition, unless prohibited by law, the arbitration
administrator may not accept, administer, assess, or demand fees in connection with an
arbitration that has been initiated without completion of the Mandatory Pre-Arbitration
Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending,
it shall be administratively closed. Nothing in this paragraph limits the right of a party to
seek damages for non-compliance with these Procedures in arbitration.
3) Arbitration Procedure: The arbitration will be governed by applicable rules of
National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute
Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration
Filings, as applicable) (“NAM Rules”)), as modified by this Arbitration Agreement, and
will be administered by NAM. (If NAM is unavailable or unwilling to do so, another
arbitration provider shall be selected by the parties that will do so, or if the parties are
unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.)
The NAM Rules are available online at www.namadr.com, by calling NAM at 1-800-358-
2550, or by requesting them in writing at the Notice Address. You may obtain a form to
initiate arbitration at:
https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arbrevised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they
have complied with and completed the Mandatory Pre-Arbitration Notice and Informal
Dispute Resolution Procedures requirements referenced in Section 12.2 and that they
are a party to the Arbitration Agreement enclosed with or attached to the demand for
arbitration. The demand for arbitration and certification must be personally signed by the
party initiating arbitration (and their counsel, if represented).
All issues are for the arbitrator to decide, except as otherwise expressly provided herein
and except as to issues relating to the scope and enforceability of the Arbitration
Agreement or whether a dispute can or must be brought in arbitration (including whether
a dispute is subject to this Arbitration Agreement or a previous arbitration provision
between you and RUNNING AFRICA), which are for a court of competent jurisdiction to
decide. The arbitrator may consider but shall not be bound by rulings in other
arbitrations involving different customers.
Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise,
any arbitration hearings will take place in the county (or parish) of your billing address
and you and a RUNNING AFRICA representative will be required to attend in person. At
the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which the award
is based. The arbitrator’s decision is binding only between you and RUNNING AFRICA
and will not have any preclusive effect in another arbitration or proceeding that involves
a different party. An arbitrator’s award that has been fully satisfied shall not be entered
in any court.
As in court, you and RUNNING AFRICA agree that any counsel representing a party in
arbitration certifies when initiating and proceeding in arbitration that they are complying
with the requirements of Federal Rule of Civil Procedure 11(b), including certification
that the claim or relief sought is neither frivolous nor brought for an improper purpose.
The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal
Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate
represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any
remedy, relief, or outcome that the parties could have received in court, including
awards of attorneys’ fees and costs, in accordance with applicable law. Unless
otherwise provided by applicable law, the parties shall bear their own attorneys’ fees
and costs in arbitration unless the arbitrator awards sanctions or finds that either the
substance of the claim, the defense, or the relief sought is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)).
(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the
arbitration administrator including filing, arbitrator, and hearing fees) will be governed by
the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If
after exhausting any potentially available fee waivers, the arbitrator finds that the
arbitration fees will be prohibitive for you as compared to litigation, we will pay as much
of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive, regardless of the
outcome of the arbitration, unless the arbitrator determines that your claim(s) were
frivolous or brought for an improper purpose or asserted in bad faith. You and we agree
that arbitration should be cost-effective for all parties and that any party may engage
with NAM to address the reduction or deferral of fees.
(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order
requiring that confidential information of either party disclosed during the arbitration
(whether in documents or orally) may not be used or disclosed except in connection
with the arbitration or a proceeding to enforce the arbitration award and that any
permitted court filing of confidential information must be done under seal to the furthest
extent permitted by law.
6) Offer of Settlement: In any arbitration between you and RUNNING AFRICA, the
defending party may, but is not obligated to, make a written settlement offer at any time
before the evidentiary hearing or, if a dispositive motion is permitted, prior to the
dispositive motion being granted. The amount or terms of any settlement offer may not
be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the
award is issued in the other party’s favor and is less than the defending party’s
settlement offer or if the award is in the defending party’s favor, the other party must pay
the defending party’s costs incurred after the offer was made, including any attorney’s
fees. If any applicable statute or case law prohibits the shifting of costs incurred in the
arbitration, then the offer in this provision shall serve to cease the accumulation of any
costs to which the party bringing the claim may be entitled for the cause of action under
which it is suing.
(7) Requirement of Individualized Relief: The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate
more than one person’s claims and may not otherwise preside over any form of a
representative, class, or private attorney general proceeding. If, after exhaustion of all
appeals, any of these prohibitions on non-individualized declaratory or injunctive relief;
class, representative, and private attorney general claims; and consolidation are found
to be unenforceable with respect to a particular claim or with respect to a particular
request for relief (such as a request for injunctive relief sought with respect to a
particular claim), then the parties agree such a claim or request for relief shall be
decided by a court of competent jurisdiction, after all other arbitrable claims and
requests for relief are arbitrated. You agree that any arbitrations between you and
RUNNING AFRICA will be subject to this Section 12 and not to any prior arbitration
agreement you had with RUNNING AFRICA, and, notwithstanding any provision in this
Agreement to the contrary, you agree that this Section 12 amends any prior arbitration
agreement you had with RUNNING AFRICA, including with respect to claims that arose
before this or any prior arbitration agreement.
(8) Opt Out of Future Changes: Notwithstanding any provision to the contrary, if
RUNNING AFRICA makes any future change to this Arbitration Agreement (other than
a change to the Notice Address), you may reject any such change by sending
RUNNING AFRICA an email to info@theafricamedianetwork.com within 30 days of the
posting of the amended arbitration agreement that provides: (i) your full legal name, (ii)
your complete mailing address, (iii) your phone number, (iv) if applicable, the username
or email address associated with any potential account or newsletter; and (v) the
approximate date of your initial use of the relevant Site. Such an opt-out email must be
sent by you personally, and not by your agent, attorney, or anyone else purporting to act
on your behalf. It must include a statement, personally signed by you, that you wish to
reject the change to the Arbitration Agreement. This is not an opt out of arbitration
altogether.
(9) Mass Filing:
If, at any time, 25 or more claimants (including you) submit Notices or seek to file
demands for arbitration raising similar claims against the other party or related parties
by the same or coordinated counsel or entities, consistent with the definition and criteria
of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute
Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at
https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the
additional procedures set forth below shall apply. The parties agree that throughout this
process, their counsel shall meet and confer to discuss modifications to these
procedures based on the particular needs of the Mass Filing. The parties acknowledge
and agree that by electing to participate in a Mass Filing, the adjudication of their
dispute might be delayed. Any applicable limitations period (including statute of
limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory
Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long
as the pre-arbitration Notice complies with the requirements in Section 12.2, until your
claim is selected to proceed as part of a staged process or is settled, withdrawn,
otherwise resolved, or opted out of arbitration.
Stage One: Counsel for the claimants and counsel for RUNNING AFRICA shall each
select 25 claims per side (50 claims total) to be filed and to proceed in individual
arbitrations as part of a staged process. Each of these individual arbitrations shall be
assigned to a different, single arbitrator unless the parties agree otherwise in writing.
Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any
arbitration fees be assessed in connection with those claims unless and until they are
selected to be filed in individual arbitration proceedings as part of a staged process.
After this initial set of staged proceedings is completed, the parties shall promptly
engage in a global mediation session of all remaining claims with a retired federal or
state court judge and RUNNING AFRICA shall pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the
claimants and counsel for RUNNING AFRICA shall each select 50 claims per side (100
claims total) to be filed and to proceed in individual arbitrations as part of a second
staged process, subject to any procedural changes the parties agreed to in writing.
Each of these individual arbitrations shall be assigned to a different, single arbitrator
unless the parties agree otherwise in writing. Any remaining claims shall not be filed or
be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection
with those claims unless and until they are selected to be filed in individual arbitration
proceedings as part of a staged process. After this second set of staged proceedings is
completed, the parties shall promptly engage in a global mediation session of all
remaining claims with a retired federal or state court judge and RUNNING AFRICA shall
pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the
claimants and counsel for RUNNING AFRICA shall each select 100 claims per side
(200 claims total) to be filed and to proceed in individual arbitrations as part of a third
staged process, subject to any procedural changes the parties agreed to in writing. Any
remaining claims shall not be filed or be deemed filed in arbitration, nor shall any
arbitration fees be assessed in connection with those claims unless and until they are
selected to be filed in individual arbitration proceedings as part of a staged process.
Following this third set of staged proceedings, counsel for claimants may elect to have
the parties participate in a global mediation session of all remaining claims with a retired
federal or state court judge.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and RUNNING AFRICA may separately or by agreement, opt out of
arbitration and elect to have your claim heard in court consistent with the Agreement.
You may opt out of arbitration by providing your individual, personally signed notice of
your intention to opt out by sending RUNNING AFRICA an email to
info@theafricamedianetwork.com. Such an opt-out email must be sent by you
personally, and not by your agent, attorney, or anyone else purporting to act on your
behalf. It must include a statement, personally signed by you, that you wish to opt out of
arbitration within 30 days after the conclusion of Stage 3 or the elective mediation
associated with Stage 3. RUNNING AFRICA may opt your claim out of arbitration by
sending an individual, personally signed notice of its intention to opt out to your counsel
within 14 days after the expiration of your 30 day opt out period. Counsel for the parties
may agree to adjust these deadlines.
OR
Option Two: If neither you nor RUNNING AFRICA elect to have your claim heard in
court consistent with Option One, then you agree that your claim will be resolved as part
of continuing, staged individual arbitration proceedings as set forth below. Assuming the
number of remaining claims exceeds 200, then 200 claims shall be randomly selected
(or selected through a process agreed to by counsel for the parties) to be filed and to
proceed in individual arbitrations as part of a staged process. If the number of remaining
claims is fewer than 200, then all of those claims shall be filed and proceed in individual
arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor
shall any arbitration fees be assessed in connection with those claims unless and until
they are selected to be filed in individual arbitration proceedings as part of a staged
process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise
resolved, this process shall repeat consistent with these parameters. Counsel for the
parties are encouraged to meet and confer, participate in mediation, and engage with
each other and with NAM (including through a Procedural Arbitrator) to explore ways to
streamline the adjudication of claims, increase the number of claims to proceed at any
given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing
provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of
arbitrations and the assessment of arbitration fees. If these additional procedures apply
to your claim, and a court of competent jurisdiction determines that they are not
enforceable as to your claim, then your claim shall proceed in a court of competent
jurisdiction consistent with this Agreement.
You and RUNNING AFRICA agree that we each value the integrity and efficiency of
arbitration and wish to employ the process for the fair resolution of genuine and sincere
disputes between us. You and RUNNING AFRICA acknowledge and agree to act in
good faith to ensure the processes set forth herein are followed. The parties further
agree that application of these Mass Filing procedures have been reasonably designed
to result in an efficient and fair adjudication of such cases.
(10) Severability: If any portion of this Arbitration Agreement is found to be void,
invalid, or otherwise unenforceable, then that portion shall be deemed to be severable
and, if possible, superseded by a valid, enforceable provision, or portion thereof, that
matches the intent of the original provision, or portion thereof, as closely as possible.
The remainder of this Arbitration Agreement shall continue to be enforceable and valid
according to the terms contained herein
14. CLASS ACTION AND JURY TRIAL WAIVER
You and RUNNING AFRICA agree that, to the fullest extent permitted by law, each
party may bring claims (whether in court or in arbitration) against the other only in an
individual capacity, and not participate as a plaintiff, claimant, or class member in any
class, collective, consolidated, private attorney general, or representative proceeding.
This means that you and RUNNING AFRICA may not bring a claim on behalf of a class
or group and may not bring a claim on behalf of any other person unless doing so as a
parent, guardian, or ward of a minor or in another similar capacity for an individual who
cannot otherwise bring their own individual claim. This also means that you and
RUNNING AFRICA may not participate in any class, collective, consolidated, private
attorney general, or representative proceeding brought by any third party.
Notwithstanding the foregoing, you or RUNNING AFRICA may participate in a classwide settlement.
To the fullest extent permitted by law, you and RUNNING AFRICA waive any right to a
jury trial.
15. Miscellaneous.
These Terms of Use and any operating rules for the Site established by RUNNING
AFRICA constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the parties with
respect to such subject matter. The provisions of these Terms of Use are for the benefit
of RUNNING AFRICA, its parent, subsidiaries, other affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf. If you access the Site, including its Interactive
Areas, from any location other than the United States, you accept full responsibility for
compliance with all local laws. You are also subject to United States export controls and
are responsible for any violations of United States embargoes or other federal rules and
regulations restricting exports. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. If any part of these Terms of Use is found by a court of competent jurisdiction to
be invalid or unenforceable, it will be replaced with language reflecting the original
purpose in a valid and enforceable manner. The enforceable sections of these Terms of
Use will remain binding upon the parties. The section headings used herein are for
convenience only and shall not be given any legal import.
Neither RUNNING AFRICA nor you shall be liable for damages or for delays or failures
in performance resulting from acts or occurrences beyond their reasonable control,
including, without limitation: fire, lightning, explosion, power surge or failure, water, acts
of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or
public enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal body;
or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts;
inability to secure raw materials, transportation facilities, fuel or energy shortages, or
acts or omissions of other common carriers.
16. Copyrights and Copyright Agent.
RUNNING AFRICA respects the rights of all copyright holders and in this regard,
RUNNING AFRICA has adopted and implemented a policy that provides for the
termination in appropriate circumstances of users and account holders who infringe the
rights of copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide RUNNING AFRICA’s Copyright
Agent the following information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the
law; and
6. A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
RUNNING AFRICA Collection
3060 Mercer University Dr Ste 110
Atlanta, GA 30341
Email: info@theafricamedianetwork.com
For web posting, reprint, transcript for RUNNING AFRICA material, please contact
info@theafricamedianetwork.com
For any questions or requests other than copyright issues or licensing requests, please
contact info@theafricamedianetwork.com
.
These Terms of Use were last updated on JUNE 5, 2025.