A. Terms and Conditions

1. Introduction

1.1 These terms and conditions shall govern the use of Mabwe’s social media platform that runs on Android/IOS (hereby referred to as a device) and the Web (also known as the platform).

1.2 By using Mabwe social media platform, you accept these terms and conditions in full and accept to abide by all the specifications included herein. If you do not agree with any part then you must not use the social media platform.

1.3 If you sign up to Mabwe, and use any of our services categories (Career, Connect, Mabwe411 and MarketPlace Africa), or submit any documents or media, we (mabwe) will request you to expressly consent to the terms and conditions that govern the use of files on the platform.

1.4 We do not place a strict age restriction on the use of Mabwe but minors (anybody under the age of 15 years, or any age limit considered a minor in different countries) should be guided on its use by older and trusted individuals wherever necessary. It is also under the discretion of the site to act for verification of age, on which it can grant permission or deny an individual to use the application.

1.5 Mabwe uses cookies and by agreeing to use the social media platform, you agree to our use of cookies as set out our [privacy and cookies policy].

1.6 Mabwe deserves the rights to change, modify, or add a clause or other laws regarding the use of this application, without notice or permission from the users. It is upon any change that its users can be notified.

2. Copyright Notice

2.1 The express provision of these terms and conditions direct that:

a) Mabwe's owners, as well as their licensors, hold the copyright and other intellectual property rights in the social media platform as well as all material or content contained in the software; and

b) Every copyrighted material and intellectual property rights in the Mabwe social media platform are reserved.

2.2 Content shared by users can be shared by other users within the same platform or to other platforms by using an automated ‘share’ function.

2.3 Cut-and-paste methods are not allowed for sharing content or material initially shared on the Mabwe social media platform. Only the sharing functionality with interactive tools provided by the software can be used.

2.4 All content shared by Mabwe users are considered their own property and thus should not violate other people’s or organization’s property rights. One would be asked to prove copyrights for any contested materials shared on the platform.

3. Scope for Content to be shared

2.1 Users may share within the African context:

a) Share information about jobs and other career information;

b) Connect with each other by sharing experiences that may not be captured on conventional media platforms;

c) Engage at the community level to voice issues so that the African people stand a better chance of dealing with issues that afflict them;

d) Post information relating to business activities between buyers and sellers; and

e) Share videos with a length of a length not exceeding 54 seconds on any subject as well as status updates.

4. Prohibited Content

4.1 Violent and criminal behavior including terrorist activity, organized hate, human trafficking, mass or serial murder, regulated goods, and organized violence or criminal activity of any kind.

4.2 Child nudity or sexual exploitation of minors even if posted for good intentions.

4.3 Adult nudity or sexual activity unless when raising a red flag on what ails the community. This, despite being allowed must be approved, where approvals means a request to edit, blur or make images less provocative and less sensual. The site administrators holds the barometer to determine on what a sensual content is.

4.4 Harassment of any nature.

4.5 Private information that could result in someone experiencing harm or loss of credible information like bank accounts, credit card numbers, and government documents.

4.6 Media such as images, audio clips or videos of sexual violence regardless of the age of the people being referenced in the media.

4.7. Bullying activities that purposefully target particular individuals or groups of people with the sole intention of shaming or degrading them.

4.8 Objectionable content including hate speech, graphic violence which praises the humiliation or suffering of others and content that can be deemed insensitive and cruel.

4.9 False news which can be misleading to other users. However, satire is allowed and should be shared in such a way that it does not cause unwarranted perceptions by others users.

5. Acceptable Use

5.1 Users must not:

a) Use the Mabwe social platform in any way that causes, or may cause, damage to the software or impairment of the level of its performance, availability as well as accessibility. This include bots or using files that collect private data on the background.

b) Use the platform in such any way that is unlawful, illegal, harmful, fraudulent or connected to any illegal, unlawful, illegal, harmful or fraudulent activity or purpose.

c) Use our internet platforms to host, copy, store, transmit, publish, send, use, or even distribute any content that contains or is linked to any kind of spyware, computer virus, keystroke logger, Trojan horse, worm, rootkit or any suspicious computer software.

6. License to use Mabwe Social Media Platform

6.1 Users are allowed to:

a) View pages and other content through a web browser or Android/IOS app;

b) Download content including documents and media such as images, audio clips, and videos;

c) Print pages from media from the Mabwe web pages; and

d) Stream audio and video files from the Mabwe social media platform,

Subject to other provisions as contained in the terms and conditions.

6.2 Except as expressly permitted by Section 6.1 or the additional provisions of these terms and conditions, users are not allowed to download any material from the Mabwe social media platform or save any such content to their gadgets including mobile phones, computers or any other technological gadget.

6.3 Except as expressly permitted in these terms and conditions, users must not edit or in any way modify content in the Mabwe social media platform unless it’s their post.

6.4 Unless users have the relevant rights for a particular material or content, they cannot:

a) Sell, rent or sub-license the material in the Mabwe social media platform;

b) Exploit material from the platform for commercial purposes; or

c) Redistribute material from the social media platform.

6.5 Notwithstanding the directions in Section 6.4, users are at liberty to redistribute the Mabwe newsletter in print or electronic form to anyone.

6.6 We reserve the right to limit access to certain content of the platform or indeed to the whole material available at our discretion. No user shall circumvent or bypass or even attempt to circumvent any access restriction put in place.

7. RSS Feed

7.1 Users may gain access to the Mabwe RSS feed using the reader or aggregator provided.

7.2 By accessing the RSS feed, you accept to abide by these terms and conditions.

7.3 Subject to having accepted these terms and conditions, we give users the non-exclusive, non-transferable and non-sub-licensable license to display material or content from the Mabwe internet platforms, unaltered in any form, provided that the users must not aggregate the RSS feed with other feed(s) when displaying any information as per this Section 7.3.

7.4 Any license provided for in this Section 6 may be revoked at our own discretion.

8. Registration and Accounts

8.1 To be eligible for an account on Mabwe web Android/IOS applications, prospective users are required to be of African descent whether currently living in Africa or in the diaspora. However, people who are not Africans are allowed to register and have Mabwe accounts but they must seek to engage on issues concerning the continent.

8.2 Prospective users may register for an account with the Mabwe internet platforms by submitting their username/user ID, email address and creating a preferred password through our website: www.mabwe.com

8.3 Users must not allow other people to impersonate on the Mabwe social media platform.

8.4 Users must notify us in writing immediately they realize any unauthorized activity on their account.

8.4 Users who already have accounts must not use other people’s Mabwe accounts unless they have their express permission to do so.

9. User login details

9.1 If one registers for an account with Mabwe website or Android/IOS application, they may change their username/user ID and even their password at their own discretion. The original details of name should not be changed. No individual will be allowed to have more than one account on the platform.

9.2 A username or user ID must not be misleading and must also comply with the content rules detailed in Sections 4 and 5.

9.3 Your password must remain confidential and not even the administration should have it.

9.4 Any user who learns of a disclosure of their password must communicate immediately in writing to us for security solutions.

9.5 Every user is responsible for any activity that takes place in the Mabwe internet platforms that may arise out of their failure to maintain the confidentiality of their passwords. The users are liable for any losses that may arise out of their negligence.

10. Termination of an Account

10.1 We may:

a) Cancel and terminate a user’s account on grounds of violations of our Terms and Conditions;

b) Suspend a user’s account; and

c) Edit or ask one to edit their user’s account details,

at any time and in our sole disposal with no explanation or notice provided we have enough grounds for such an action.

11. Social Networking

11.1 In order to improve user experience in the categories on Career, Connect, Mabwe411, and MarketPlace Africa, the platform provides access to additional features such which include:

a) Facilities for completing a detailed user profile and to restrict those who can view the profile to particular individuals or groups registered on the Mabwe social media platform;

b) Facilities to create groups, manage the groups created, join and leave other groups as well as share materials or content among members of a group;

c) Facilities to send private messages through the Mabwe social media platform to individuals or particular groups where a user is a member; and

d) Facilities to post and share status updates in form of text or media such as images, audios and video clips.

11.2 Users are aware that we cannot be held responsible for any behavior exhibited by other users whether online or off the platform. Moreover, we cannot offer any guarantee that any information shared by our users is authentic, complete, accurate, truthful, and not having any misleading elements. We shall not be held liable for any losses resulting from any such unbecoming content or user behavior.

11.3 Users agree that the publication of posts or content relating to them, by others on the Mabwe online platforms may be defamatory, critical or otherwise illegal according to the prohibited materials in Section 4. Users agree that they will not hold us liable for any such content, whether they are aware or know that they should have been aware of such content.

12. Personal Profiles

12.1 All information that that any users supplies as part of their personal profile on the Mabwe social media platform must be authentic, accurate, truthful and non-misleading.

12.2 Users should update information on their personal profiles as they deem fit.

12.3 Personal profile information must also comply with sections 4 and 5.

13. User Content and its License

13.1 In accordance with these terms and conditions, user content refers to all work and materials [including without limitation all text, graphics, images, audio material, video clips, audio-visual material, scripts or any software and files] that users submit on the Mabwe social media platform or share with other users.

13.2 Users grant us worldwide, non-exclusive, and irrevocable royalty-free license to store, use, adapt, distribute, translate and reproduce their content through any current or future media. Users also allow us to reproduce, store or publish their content on and in relation to the Mabwe social media platform.

13.3 Users grant us the right to sub-license the rights licenses as per Section 13.2

13.3 Users grant us the right to bring an action for infringement of the rights provided in Section 13.2

13.3 Users may edit their content to the permissible extent using the editing functionalities provided on the Mabwe social media platform.

13.4 Without any prejudice to our other rights as set out in these terms and conditions; if users breach any of the provisions in any way, or if we reasonably suspect that they have breached any of the conditions in any way, we may take action that includes deleting, un-publishing or editing the problematic user content.

14. OBJECTIONABLE CONTENT POLICY

Content may not be submitted to Mabwe, who will moderate all content and ultimately decide whether or not to post a submission, to the extent such content includes, is inconjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to:

14.1 Sexually explicit materials.

14.2 Obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity.

14.3 Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.

14.4 Content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms.

14.5 Gambling, including without limitation, any online casino, sports books, bingo or poker.

14.6 User can’t violate the EULA.

14.7 When a user blocks another user, than he/she will not able to send messages/ or communicate with the user.

14.8 A user can report another user on photos and videos that they believe to be in violation of their privacy rights

B. Privacy Policy

Last Update: December 10, 2018.

This privacy policy informs the users of Mabwe social media platform about the policies it uses as well as the disclosure of personal information received from the users. We use personal information only for purposes of improving the Mabwe website and Android/IOS Applications. By using our online platforms, you agree to the collection and use of information as set out in this policy.

Information Collection and Use

  1. While using our online platforms, we may ask the users to share certain personal information which can be used to distinguish them. Personally identifying information includes but is not limited to your name, government provided identification, passport numbers, mobile phone numbers email and email address.

  2. We assure members that according to several rules and practice of confidentiality, this information will not be shared by any third parties. It remains private and confidential.

Log Data

  1. Just like many other online platforms, we collect information that is sent by each of our user’s browser any time they visit our site or apps. The information shared is with us is called Log Data and may include details such as the users' computer internet protocol (IP) address, browser type, and version, the pages visited, the time and date of visit as well as the time spent on each browsing session. Moreover, we may use third party services such as Google Analytics which collect monitor and also analyze Log Data.

Communications

  1. There are times when we might use personal information provided by our users to contact them with material including newsletters and marketing promotional messages.

Cookies

  1. In the course of using our online content, our website or applications will send cookies to each of our user's browser in form of a unique identifier for purposes of collecting personal information to improve user experiences of our internet services. There is a provision for users to instruct their browsers not to accept cookies or to show when a cookie is being sent. However, there are some portions of our online platforms that may not be accessed by refusing all cookies.

Security

  1. The security of the personal information provided by our users is important to us and we do our best to ensure it is safeguarded from unauthorized access or being maliciously used. It should, however, be noted that we cannot guarantee absolute protection of the personal information shared with us.

Privacy Policy Changes

  1. This Privacy Policy is effective as of [December 5, 2018] and remains in effect except with respect with any changes that may be made in which case they will be reflected immediately after they have been made on this page. Our users are expected to abide by the existing Privacy Policy as well as any changes that we may make from time to time. We reserve the right to make any material changes to this Privacy Policy as we may deem it fit. Therefore we urge our users to periodically check for any changes. Whenever we make these changes, we will notify all our users via email.

Contact Us

Please feel free to contact us if you have any issues concerning this Privacy Policy.

C. Disclaimer

The opinions or views expressed on Mabwe social media platform, through its Website and Android/IOS Applications including but not limited to all text, graphics, images, audio material, video clips, audio-visual material, scripts or any software and files represent the thoughts of individual users and online communities and not necessarily those of Mabwe or its management and staff. By submitting any user content to our online platforms, you are aware that this information is being made available to the public and that you are allowing Mabwe to have a right to use your content for its business purposes which may include but not limited to internal as well as external promotions. This may be through using, publishing, republishing, reproducing, changing, reproducing or displaying user content across the Mabwe online platforms; with no restriction from the time the content is submitted in perpetuity.

Mabwe social media platform:

a) Does not control or guarantee that the content shared on its Website or Android/IOS Applications is complete, accurate, timely or relevant thus it is contained “AS IS”

b) Does not and cannot authorize the use of copyrighted material found in linked websites. Consent must be obtained from the right individuals or groups and organizations from which the material is derived.

While Mabwe makes every effort to monitor and moderate content shared on its platforms, neither Mabwe nor its employees or even affiliated individuals can manage to moderate every content at all times, while also responding immediately to requests for information online. Mabwe reserves the right to review, edit and even delete any user content that it deems inappropriate. It follows that comments including but not limited to the following may be deleted:

a) Abusive or hurtful user content directed a user or other participants.

b) User content with “hate speech” or foul language [including but not limited to ethnic, gender-bashing or racial information].

c) Privacy-violating user content.

d) User content that encourages illegal activities.

e) User content that jeopardizes Mabwe online platforms by exposing it to malicious software or viruses.

Users participate in the Mabwe social media platforms at their own risk and are responsible for all the content they share or activities that occur under their accounts. It is wrong to impersonate others and thus use their Mabwe accounts or allow other people to use your account. If any user has any reason to believe there is unauthorized access to either their account of that of other users, they should contact us immediately.

No communication to Mabwe through its social media platform shall be considered fit for legal or official notice of any kind. Official communication channels provided by Mabwe must be used for such cases.

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