Terms and Conditions
1.1 The contents of this website are intended for the personal, noncommercial use of its Users. All materials on this website (including, but not limited to, news articles, photographs, images, illustrations, audio and video clips, also known as "The Content") are protected by the Creative Commons  Creative Commons - Attribution - Noncommercial - No Derivatives copyright. Users shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Service. Neither the Content nor the design of these pages may be reproduced in any format for presentation by any other persons or organizations, or for purposes of profit.

1.2 Users may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other use than under the terms of the Creative Commons  Creative Commons - Attribution - Noncommercial - No Derivatives copyright is expressly prohibited without the prior written permission from the website or the copyright holder identified in the individual Content's proprietary notices including copyright notice. Persons or organizations who wish to use any Content for purposes other than stated here must obtain written permission from the contributor of said content, and provide the Afriquest with proof of such written consent.

1.3 The website is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as set forth in Section 1 of this Terms of Service, Users may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the terms of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Service in whole or in part.

USER PROVIDED CONTENT: REPRESENTATIONS AND WARRANTIES
2.1 Portions of the Service will contain user provided content, to which you may contribute appropriate content. For this content, Afriquest is a distributor only. You should submit only content which belongs to you and will not violate the property or rights of other people or organizations. Afriquest is sensitive to the copyright and intellectual property rights of others. While Afriquest will not monitor or edit User provided content, except to promote privacy, the management reserves the right to remove any User provided Content that comes to its attention, and that it believes, in its sole discretion, violates the intellectual property rights of others.

2.2 While the burden of determining whether User provided Content violates the rights or properties of others lies solely with the contributor, Afriquest will respond to substantiated claims of violation. The person or persons who believe that they have a claim under copyright should address such claim to copyright@afriquest.com. Any such claim should include the following:

1. Identification of Content claimed to be infringing upon copyright, including URL
2. Identification of the copyrighted work said to be infringed, and the basis for the claim
3. Complete contact information for the copyright holder or other claimant (who must have a license which is claimed to be infringed to make the claim), including name, address, telephone number, fax and email address.
4. A statement, under penalty of purgery, that the information in such claim is accurate, and that the complainant is the owner or an authorized agent of the owner, and
5. A written or electronic signature of the owner, or the owner's authorized agent.

2.3 User represents, warrants and covenants that: that no materials of any kind submitted by User or use thereof, in accordance with the terms and conditions of this User Agreement, will:

• (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right;
• (ii) contain speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race, gender, age, ethnicity, nationality, religion, disability or any other distinction. 
• (iii) constitute false or misleading indications of origin or statements of facts;
• (iv) slander, libel or defame any person or entity;
• (v) cause injury of any kind to any person or entity; or
• (vi) violate any applicable laws, rules, regulations, or other governmental regulations; and that User is at least 18 years old.

User hereby indemnifies, defends and holds Afriquest, The University of South Florida, the Foundation for On-Line Genealogy, Inc. and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney's fees. User shall cooperate as fully as reasonably required in the defense of any claim. Afriquest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.

2.4 Afriquest provides original images and verbatim transcriptions of historical documents. Such documents may contain language that is offensive or based upon stereotypes. Users are urged to view such documents in the context of the time period in which they were produced. Afriquest does not modify original historical documents, but rather presents them exactly as they appear.

2.5 Afriquest neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Service by User, information provider or any other person or entity. 

AFRIQUEST, AND ANY MATERIALS PROVIDED BY THE AFRIQUEST OR THIRD PARTIES, ARE PROVIDED "AS IS." AFRIQUEST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. AFRIQUEST SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY THE AFRIQUEST OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF AFRIQUEST HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

2.6 User hereby acknowledges that use of the website is at the User's sole discretion.

2.7 User shall not upload to, distribute, or otherwise publish through the website, any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, incites racial or ethnic hatred or otherwise violates any law. Please use your best judgment, and be respectful of other individuals. Do not use vulgar, abusive, or hateful language, or upload materials which violate the intellectual property rights of others.

ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 Afriquest contains links to other World Wide Web Internet sites, resources, and sponsors. Selection of a link redirects the User to a third party. Transactions that occur between the User and the Third Party are strictly between the User and the third party and are not the responsibility of Afriquest. Afriquest is not responsible for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to its site administrator or Webmaster.

SOFTWARE LICENSES
4.1 User shall have no rights to the proprietary software and related documentation enhancements, or modifications thereto, provided to the User to access the website (Access Software). User may not sublicense, assign or transfer any licenses granted by Afriquest, and any attempt at such sublicense, assignment, or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

TERMINATION
5.1 Users of Afriquest acknowledge that site administrators have the right to terminate access without notice for any User who restricts, inhibits or disrupts access to the website or attempts to alter or improperly access any feature or function of the site. A User's access may also be subject to termination if the User posts or transmits any illegal content, or harasses or threatens any Afriquest User or employee, posts content (including the creation of usernames) that is offensive or otherwise disruptive; creates misleading information, posts unsolicited advertising; or improperly impersonates an employee or other individual.

GUIDELINES FOR USE
6.1 The primary purpose of this website is to enable members with similar interests to share records, chat with each other, exchange stories or pictures, and even to meet each other in person. The same care that one would exercise when giving information to strangers, or setting up meetings with strangers, must be used here. Afriquest will never give information about one User to another User. Further, Users are cautioned that giving any information to another User on this website carries with it significant risks. We don't know our readers. You don't know our readers. They may be perfectly wonderful individuals, or they may not be. In short, if you give any information to anyone, you are taking a significant risk. These risks are greatly increased if you plan to meet other Users face-to-face. Please use caution and common sense when using this service.

PRIVACY POLICY
7.1 Afriquest takes every precaution to protect your privacy. Afriquest has strict rules on its employees who have access either to the databases that store information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such unfortunate ccurrences. Afriquest will not give information of any kind about a User to anyone.

MISCELLANEOUS
8.1 This User Agreement has been made in and shall be construed and enforced in accordance with Florida law. Any action to enforce this agreement shall be brought in the federal or state court located in Florida.

8.3 Official correspondence must be sent via postal mail to: 

Afriquest
6602 Bayshore Blvd.
Tampa, FL 33611-5507 
 

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