Terms Of Use

www.foreverghana.com Terms of Use Agreement

September 14th, 2008

www.foreverghana.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. ForeverGhana can be contacted at contact@foreverghana.com. The ForeverGhana Services are hosted in the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ForeverGhana Services. By using the ForeverGhana Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ForeverGhana Website, otherwise use the ForeverGhana Services without being registered) or you are a "Member" (which means that you have registered with ForeverGhana). The term "User" refers to a Visitor or a Member. You are only authorized to use the ForeverGhana Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the ForeverGhana Website and discontinue use of the ForeverGhana Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the ForeverGhana Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes ForeverGhana policy for acceptable use of the ForeverGhana Services and Content posted on or through the ForeverGhana Services and your rights, obligations and restrictions regarding your use of the ForeverGhana Services and Content posted on or through the ForeverGhana Services. In order to participate in certain ForeverGhana Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from ForeverGhana. Unless otherwise provided by the additional terms and conditions applicable to the ForeverGhana Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@foreverghana.com, Subject: Terms of Use Agreement.

ForeverGhana may modify this Agreement from time to time and such modification shall be effective upon posting by ForeverGhana on the ForeverGhana Website.

Please choose carefully the information you post on or through the ForeverGhana Services and that you provide to other Users. Your ForeverGhana profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other ForeverGhana Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ForeverGhana assumes no responsibility or liability for this material. If you become aware of misuse of the ForeverGhana Services by any person, please click on the "Contact Us” link at the top of the ForeverGhana Website pages.

ForeverGhana reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ForeverGhana Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ForeverGhana expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ForeverGhana Services if ForeverGhana determines, in its sole discretion, that you have violated this Agreement or pose a threat to ForeverGhana and/or its Users and/or violating any applicable law. 1. Eligibility. Use of the ForeverGhana Services and registration to be a Member for the ForeverGhana Services (“Membership”) is void where prohibited. By using the ForeverGhana Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the ForeverGhana Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ForeverGhana Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ForeverGhana may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.

3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ForeverGhana immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Use by Members. The ForeverGhana Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ForeverGhana. ForeverGhana reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ForeverGhana Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ForeverGhana Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. ForeverGhana reserves the right to take appropriate legal action for any illegal or unauthorized use of the ForeverGhana Services.

5. Content Posted.
5.1 ForeverGhana may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ForeverGhana violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ForeverGhana assumes no responsibility for monitoring the ForeverGhana Services for inappropriate Content or conduct. If at any time ForeverGhana chooses, in its sole discretion, to monitor the ForeverGhana Services, ForeverGhana nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

5.2 You are solely responsible for the Content that you post on or through any of the ForeverGhana Services, and any material or information that you transmit to other Members and for your interactions with other Users.

5.3 You are solely responsible for ensuring that all Content that you post on or through any of the ForeverGhana Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through ForeverGhana.

6 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ForeverGhana Services. ForeverGhana reserves the right to investigate and take appropriate legal action against anyone who, in ForeverGhana’s sole discretion, violates this provision, including without limitation, removing the offending Content from the ForeverGhana Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ForeverGhana:

6.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

6.2 harasses or advocates harassment of another person;

6.3 exploits people in a sexual or violent manner;

6.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

6.5 solicits personal information from anyone under 18;

6.6 publicly posts information that poses or creates a privacy or security risk to any person;

6.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

7. Member Disputes. You are solely responsible for your interactions with other ForeverGhana Members. ForeverGhana reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

8. Disclaimers. ForeverGhana is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ForeverGhana Services, whether caused by Users of the ForeverGhana Services or by any of the equipment or programming associated with or utilized in the ForeverGhana Services and such User Content does not necessarily reflect the opinions or policies of ForeverGhana. Profiles and third party applications created and posted by Members on the ForeverGhana Website may contain links to other websites. ForeverGhana is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ForeverGhana. Inclusion of any linked website on the ForeverGhana Services does not imply approval or endorsement of the linked website by ForeverGhana. When you access these third-party sites, you do so at your own risk. ForeverGhana takes no responsibility for third party advertisements or third party applications that are posted on or through the ForeverGhana Services, nor does it take any responsibility for the goods or services provided by its advertisers. ForeverGhana is not responsible for the conduct, whether online or offline, of any User of the ForeverGhana Services. ForeverGhana assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ForeverGhana is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ForeverGhana Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ForeverGhana Services. Under no circumstances shall ForeverGhana be responsible for any loss or damage, including personal injury or death, resulting from use of the ForeverGhana Services, attendance at a ForeverGhana event, from any User Content posted on or through the ForeverGhana Services, or from the conduct of any Users of the ForeverGhana Services, whether online or offline. The ForeverGhana Services are provided "AS-IS" and as available and ForeverGhana expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ForeverGhana cannot guarantee and does not promise any specific results from use of the ForeverGhana Services.

9. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Virginia, without regard to its conflict of law provisions. You and ForeverGhana agree to submit to the exclusive jurisdiction of the courts located within the State of Virginia to resolve any dispute arising out of the Agreement or the ForeverGhana Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.