Terms & Conditions

Terms of Service

1. AGREEMENT AND GENERAL TERMS OF USE. These Terms of Service (the “Terms”) constitute the agreement between Tshiluba.co, LLC (“Tshiluba,“ “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide website known as Tshiluba.co. Our provision of the Site and related products and services are referred to collectively as the “Services.” If you have any questions about these Terms or our Services, please contact us at info@tshiluba.co.PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY AND BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A WAIVER OF THE RIGHT TO A JURY TRIAL, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH TSHILUBA. PLEASE READ IT CAREFULLY.

• The Services may collect, use, store, share, and otherwise process personal information about you. Please see our Privacy & Cookie Policy for details. You must agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Services and your use of the Services constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Services and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Services through you or using your name and password.
  
  We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Services, as well as any aspect pertaining to the use of the Services.
  
  IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES, AS APPLICABLE.

2. USER ACTIVITIES AND INFORMATION ON THE SERVICES; LINKS

• You will use the Services and any tools, features, content, material, or information found on the Services solely for lawful, non-commercial purposes. You may need to register for an account to access some or all of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must also maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You will not upload to, distribute to, or otherwise disseminate through the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
  
  You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from that user and Tshiluba; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Sell, resell or commercially use our Services; Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; Develop or use any applications that interact with our Services without our prior written consent; Send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; Bypass or ignore instructions contained in our robots.txt file; or Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  
  Enforcement of the section above is solely at Tshiluba’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, the section below that begins “By making any material or information” does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
  
  Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers
  (last checked on December 20, 2023).
  
  You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
  
  By making any material or information available through the Site, you automatically grant to Tshiluba a worldwide, royalty-free, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part), and any name, username or likeness provided in connection with such material or information, and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
  
  We have no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and we are not responsible for any content of this material or information. However, we reserve the right to delete, move, or edit any material or information that we deems in our sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, we reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
  
  The Services may provide links to other sites or resources. Because we do not review nor have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Tshiluba of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Services. The information available on third party websites may have certain restrictions on its use or distribution which differ from this agreement.

3. RIGHTS IN SERVICES CONTENT AND THE SERVICES

• All content provided through the Services is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Tshiluba. The Services are protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Tshiluba. Any and all trademarks appearing on the Services are the property of Tshiluba or their respective owners. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
  
  You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Tshiluba or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Tshiluba’s sole discretion. You understand that Tshiluba may treat Feedback as nonconfidential.
  
  You will 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, found on the Services (“Content”). You agree that all rights to the Services, Content and any derivative work will remain with us. You will download copyrighted Content solely for your personal use, but will make no other use of the Content without the express written permission of Tshiluba and the copyright owner. You will not make any changes to any Content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You agree that you do not acquire any ownership rights in any downloaded Content.

4. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

• YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER TSHILUBA, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, SAFETY OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES, ANY PURCHASES MADE THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE THROUGH THE SERVICES.
  
  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  
  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TSHILUBA (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICES OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TSHILUBA (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

5. INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Tshiluba (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Services or your breach of any provision of this agreement. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

6. RELEASE. To the fullest extent permitted by applicable law, you release Tshiluba (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

7. TRANSFER AND PROCESSING. In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

8. NOTICES BETWEEN US. You will contact us by submitting your message via our form. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site or applicable Service.

9.MODIFICATION AND TERMINATION. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

10. LAW GOVERNING PERFORMANCE AND DISPUTES.Any dispute arising from the Services and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Michigan, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Michigan or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Michigan and the United States, respectively, sitting in Wayne County, Michigan.

GENERAL TERMS. These Terms and any posted rules on the Services constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Tshiluba of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of Tshiluba and our successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.

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