TERMS OF USE

This agreement (“Agreement”) is between users of quillette.com and any related service, tool or application (“Website”) and the operator of the Website (“Moments Africa”).

If you use the Website anywhere in the world Moments Africa means Moments Africa and Visual Lab Media Ltd.

A reference to “you” means an intending user or user (as the case requires) of the Website and a reference to “your” is a reference to you in the possessive form.

A reference to “we” or “us” is a reference to Moments Africa and a reference to “our” or “ours” is a reference to us in the possessive form.

IMPORTANT NOTICE
This document is important and should be considered carefully by anyone intending to use the Website. Should you have any questions you may contact us by email at hello@momentsafrica.com.

As this agreement may be updated from time to time, users of the Website should consider carefully whether any change to this agreement may affect them, and whether any change is suitable to their continued use of the Website.

This Agreement was last changed on 1 December 2022.

The material on the Website is copyright © 2021 – 2022 Moments Africa.

Moments Africa and you agree as follows:

ACKNOWLEDGMENT AS TO USE
1. By using (which includes, without limitation, accessing, browsing, viewing, listening to, and contributing to in any form including by way of writing articles or comments) the Website and continuing to use the Website you acknowledge and agree that you have had sufficient time to read and understand this Agreement. If you do not wish to be bound by this Agreement you agree to cease using the Website and notify Moments Africa by email to hello@momentsafrica.com so that we may deactivate any of your accounts on the Website and in our discretion block any Internet Protocol addresses associated with you from accessing the Website.

LICENCE TO USE WEBSITE
1. We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this Agreement.

2. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print and/or store electronically one copy of any page within the Website for your own personal, non-commercial use.

You must not add any content to the Website:
1. Unless you hold all necessary rights, licenses and consents to do so;

2. That would cause you or us to breach any law, regulation, rule, code or other legal obligation;

3. That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

4. That would bring us, or the Website, into disrepute; or

5. That infringes the intellectual property or other rights of any person.

6. The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated content or any content available on any linked website.

You acknowledge and agree that:
1. We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;

2. The Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and

3. We may host and otherwise export your personal data within and outside of the European Union.

INTELLECTUAL PROPERTY RIGHTS
1. Nothing in this Agreement constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the Website.

2. By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.

3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

4. The license in clause 9 will survive any termination of this Agreement.

5. You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 8 and 9.

WARRANTIES
You represent and warrant to us that:

1. You have the legal capacity to enter this Agreement; and

2. You have complied with clause 4.

LIABILITY
In no event will Moments Africa be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Moments Africa has been advised of the possibility of such damages. No oral or written information or advice given by Moments Africa or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
2.  To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.

This agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

in the case of goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of having the goods repaired, and

in the case of services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

ASSIGNMENT
1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement.
2. We may assign, sublicence or otherwise deal with the benefit of this Agreement to us and any of our rights and or obligations hereunder without requiring your consent.

SEVERANCE
1. If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

FURTHER ASSURANCE
1. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

APPLICABLE LAW
1. This Agreement will be governed by and construed and interpreted in accordance with the laws of England and Wales, save as otherwise stated.

JURISDICTION
1. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, save as otherwise stated.

POLICIES
You acknowledge and agree that all of our policies published on the Website are part of this Agreement, including but not limited to:

1. Privacy Policy;

2. Cookie Policy.

PROMOTION
As part of the Website and our marketing materials, you agree that we may publish your use of the Website and in so doing we may:
1. display your personal and/or business name;
2. display your biographical and/or business history data; and
3. display your logos and trademarks.

ACCOUNTS
1. If you register to use an account with the Website (“Account”), you agree to provide accurate, complete and true information on any and all forms you access on the Website.
2. You must update your information provided to the Website to maintain its accuracy, completeness and truthfulness.
3. You authorize us to verify your identity through any means we consider expedient.
4. In the event we are unable to verify your identity to our satisfaction we may close, suspend, or limit you access to the Website and any Account, which you may have registered.

SERVICES
1. Visual Lab Media operates the Website as an interactive magazine allowing users to write and comment upon articles published on the Website and which may include editing services of such articles (“The Moments Africa Service”).

You acknowledge the content produced by writers and contributors to the Website in their use of Moments Africa Service is not that of Moments Africa, and in that regard you agree:

1. to use such content at your own risk;
2. that no warranty or representation about the accuracy or reliableness of such content is made by Moments Africa;
3. to hold Moments Africa harmless from all liability for any damage you may suffer relying on anything contained in or omitted from such content, to the full extent permitted by law; and
4. to conduct your own due diligence and prevention of fraud measures in relation to users of the Website and such content.

STANDARDS, CORRECTIONS & DISCLOSURES
Moments Africa endeavors to be accurate in its reporting, transparent and thorough in its sourcing, and fair and independent in its analysis. Moments Africa strives to verify and corroborate information via multiple sources whenever possible. Moments Africa grants anonymity to sources so they can provide information in the public interest without putting themselves at risk; Moments Africa does not grant anonymity to sources so they can avoid accountability for their opinions.

Moments Africa works to correct any misstatements in a timely manner, with a correction note appended to the bottom of an article to indicate what has been fixed and how. More prominent notices may be included for more egregious errors. Moments Africa will only retract an article after extensive review by a senior editor has found fundamental flaws in the reporting, and always with an editor’s note.

SUBMISSIONS
If you submit to us or post on the site an essay, article, comment, any work of authorship (collectively a “submission”), such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential information. No submission sent to us will be considered or treated as confidential information. While we pre-screen submissions, we have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you:

(i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and

(ii) You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Privacy Policy

Last updated: December 16, 2022

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the TermsFeed Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Visual Lab Media, 8 Volta, Airport Area..

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: Ghana

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Personal Data is any information that relates to an identified or identifiable individual.

• Service refers to the Website.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to Moments Africa, accessible from https://momentsafrica.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Twitter
• LinkedIn

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: momentsafricaa@gmail.com