City of Windhoek Terms of Service

Welcome to City of Windhoek! Thank you for using our services and for taking the time to read this document. City of Windhoek. ("City of Windhoek", "we", "us", and/or “our”) provides several services ("our services") through the website windhoekcc.org.na as well as other websites owned or operated by City of Windhoek (“our sites”) and through our mobile applications for iOS and Android (collectively, “our apps”). Your use of our services provided through or in connection with our sites and our apps and your viewing of the content available on our sites and our apps, is subject to these Terms of Service and the current City of Windhoek Privacy Policy published at www.windhoekcc.org.na/privacy. By agreeing to these Terms of Service, you consent to City of Windhoek’s collection, use and disclosure of your data, including your personally identifiable information (“PII”), with respect to your use of our services (as described in our Privacy Policy). These Terms of Service govern access to and use of our services and any content, information, products or services therein, by all users and content providers. This is a legal agreement between you and City of Windhoek. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE OR LINK YOUR CONTENT ON OUR SERVICES. IF YOU ARE ACCESSING AND USING OUR SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE, AND ALL REFERENCES TO “YOU” IN THESE TERMS OF SERVICE APPLY TO THE COMPANY OR LEGAL ENTITY.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SERVICE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND City of Windhoek THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. General

Third-Party Links On Our Services
The websites displayed as search results or linked to by our services are owned and operated by individuals and/or companies over whom City of Windhoek exercises no control. City of Windhoek assumes no responsibility for the content of any website or other resource included in any search results or otherwise linked to by our services. As an example, logos as well as links to radio station streams are the copyright or trademarks of each respective radio station. If, for any reason, the owner and operator of a linked website wishes the link from our services to be deleted, they must contact City of Windhoek (cowcommunication@windhoekcc.org.na) and expressly request such deletion.

Personal Use Only
Our services is made available for your personal, non-commercial use only. Use of City of Windhoek to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a City of Windhoek search and reformat and display them, or mirror the City of Windhoek home page or results pages on your website, or send automated queries to City of Windhoek's system without express permission from City of Windhoek.

If you wish to make commercial use of our services you must enter into an agreement with City of Windhoek to do so. Please contact cowcommunication@windhoekcc.org.na for more information.

2. Content

Certain types of content are made available through our services. "City of Windhoek Content" as used in these Terms of Service means, collectively, the text, audio, data, graphics, images, photos and video files made available through our services, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, audio, data, graphics, images, photos and other content and information which City of Windhoek members post, upload and otherwise submit to our services, including without limitation in member created profile pages. User Submissions also include the sound recordings, musical works, audiovisual content or other content embodied therein of any online streaming radio station whose station is linked through our services. City of Windhoek RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY City of Windhoek CONTENT OR USER SUBMISSIONS FROM OUR SERVICES WITHOUT NOTICE OR LIABILITY TO YOU.

3. Content Ownership, Responsibility and Removal.

City of Windhoek does not claim any ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Submissions. Subject to the foregoing, City of Windhoek and its licensors exclusively own all right, title and interest in and to our services and City of Windhoek Content, including all associated intellectual property rights. You acknowledge that our services and City of Windhoek Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Please also note that product names, logos, brands, and other trademarks included in the User Submissions and featured or referred to within the City of Windhoek Sites and our services are the property of their respective trademark holders. These trademark holders are not affiliated with City of Windhoek or our services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our services or City of Windhoek Content.

  1. Rights in User Submissions Granted by You. By making any User Submissions available through our services you hereby grant to City of Windhoek a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Submissions in connection with operating and providing our services and City of Windhoek Content to you and to other account holders. If you are a radio or TV station broadcasting entity whose station is linked through our services, in addition to the foregoing license, you hereby grant City of Windhoek the right to include your User Submissions in the City of Windhoek search directory of radio or TV stations and other online content.
  2. License to Your Marks. If you are a radio station broadcasting entity whose station is linked through our services, you hereby grant to City of Windhoek and its licensees a non-exclusive, transferable, worldwide, royalty-free and sublicensable license to use, copy, modify, resize, distribute, publicly display and publicly perform your logos and trademarks and/or service marks (collectively, the “Marks”) that you make available to City of Windhoek via our services to advertise, market and promote your radio or TV station and the availability of your station on or through our services or the Sites in any and all media now known or hereafter devised. Subject to the foregoing license, you otherwise retain all right, title and interest in and to your Marks, and in all intellectual property rights embodied therein.
  3. Responsibility for User Submissions. You are solely responsible for all your User Submissions. You represent and warrant that you own all your User Submissions or you have all rights that are necessary to grant us the license rights in your User Submissions under these Terms of Service. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through our services, nor any use of your User Submissions by City of Windhoek on or through our services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  4. Removal of User Submissions. You can remove your User Submissions by specifically deleting them. However, in certain instances, some of your User Submissions (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on our services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions.
  5. Rights in Content Granted by City of Windhoek. Subject to your compliance with these Terms of Service, City of Windhoek grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the City of Windhoek Content solely in connection with your permitted use of our services and solely for your personal and non-commercial purposes.

4. Rights and Terms for City of Windhoek Apps.

  1. Rights in City of Windhoek Apps Granted by City of Windhoek. Subject to your compliance with these Terms of Service, City of Windhoek grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the City of Windhoek Apps on a mobile device or computer that you own or control and to run such copy of the City of Windhoek Apps solely for your own personal non-commercial purposes. You may not copy the City of Windhoek Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Service, you may not: (i) copy, modify or create derivative works based on the City of Windhoek Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the City of Windhoek Apps to any third party; (iii) reverse engineer, decompile or disassemble the City of Windhoek Apps; or (iv) make the functionality of the City of Windhoek Apps available to multiple users through any means. City of Windhoek reserves all rights in and to the City of Windhoek Apps not expressly granted to you under these Terms of Service.
  2. Accessing City of Windhoek Apps from App Store. The following terms apply to any City of Windhoek Apps accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the City of Windhoek Apps may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
  • These Terms of Service are concluded between you and City of Windhoek, and not with the App Provider, and City of Windhoek (not the App Provider), is solely responsible for the City of Windhoek Apps.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the City of Windhoek Apps.
  • In the event of any failure of the City of Windhoek Apps to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the City of Windhoek Apps to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the City of Windhoek Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of City of Windhoek.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the City of Windhoek Apps or your possession and use of the City of Windhoek Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the City of Windhoek Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the City of Windhoek Apps or your possession and use of that City of Windhoek Apps infringes that third party’s intellectual property rights, City of Windhoek will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
  • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license to the City of Windhoek Apps, and that, upon your acceptance of the Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the City of Windhoek Apps against you as a third-party beneficiary thereof.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must also comply with all applicable third party terms of service when using the City of Windhoek Apps.

5. Feedback

We welcome feedback, comments and suggestions for improvements to our services (“Feedback”). You can submit Feedback by emailing City of Windhoek at cowcommunication@windhoekcc.org.na. You grant to City of Windhoek a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

6. Paid Features

Certain features of our services, such as the removal of in-app ads, may require you to pay a fee in order to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the payment method you provide for the applicable fee. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars.

When you purchase any additional features we may offer, there will be a one-time charge for that purchase. Once you purchase these features and use all or any of them, or cancel your account before using all of them, you will not be entitled to a refund. We reserve the right to terminate or suspend your use of paid features of our services at any time and for any reason, without liability, pursuant to the terms of Section 8 of these Terms of Service. If we terminate or suspend your account with or without cause, in accordance with the terms of Section 8 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for these features, unless provided otherwise in the terms of sale.

7. Your Obligations When Using our services.

Our services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations, including laws governing the privacy, security and trans-border transfers of PII ((including, but not limited to, compliance with the General Data Protection (EU 2016/679) (the “GDPR”)) applicable to your business and operations and in connection with your use of our services. Where required, you shall be responsible for collecting verifiable consent (as defined under the GDPR) related to any PII collected, used, maintained, and shared with City of Windhoek, and otherwise have any and all rights required to provide such data to City of Windhoek, and ensure that any such data was properly obtained.

In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or City of Windhoek Apps:

  1. Circumvent, disable or otherwise interfere with security related features of our services or features that prevent or restrict use or copying of any City of Windhoek Content;
  2. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  3. Use any meta tags or other hidden text or metadata utilizing a City of Windhoek name, trademark, URL or product name;
  4. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
  5. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use our services to send altered, deceptive or false source-identifying information;
  6. Upload, post, email, or otherwise transmit, via our services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of City of Windhoek;
  7. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
  8. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at our services, servers or networks connected to our services or the technical delivery systems of City of Windhoek's providers or disobey any requirements, procedures, policies or regulations of networks connected to our services;
  9. Attempt to probe, scan or test the vulnerability of any City of Windhoek system or network or breach or impair or circumvent any security or authentication measures protecting our services;
  10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our servicess;
  11. Attempt to access, search or meta-search our services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by City of Windhoek or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
  12. Collect or store personal data about other City of Windhoek Users without their express permission;
  13. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
  14. Use our services in any manner not permitted by this Agreement; or
  15. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

8. Termination; Cancellation.

  1. We may immediately terminate or suspend your access to our services and remove any material (including User Submissions) from our services or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate our services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide our services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. City of Windhoek is not liable to you or any third party for termination of our services or termination of your use of our services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, City of Windhoek will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
  2. Any suspension, termination or cancellation will not affect your obligations to City of Windhoek under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

9. Modification of our services or Terms of Service.

City of Windhoek reserves the right, in its sole discretion, at any time to modify, discontinue or terminate our services, or modify these Terms of Service without notice. If any modified terms and conditions in the revised Terms of Service are not acceptable to you, your sole remedy is to cease using our services. By continuing to access or use our services after City of Windhoek makes any such modification, you agree to be bound by the revised Terms of Service.

10. Disclaimer of Warranties.

City of Windhoek disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on our services. City of Windhoek disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. City of Windhoek disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through our services.

OUR SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. City of Windhoek EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. City of Windhoek DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUR SERVICES. City of Windhoek DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OUR SERVICES. City of Windhoek DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY City of Windhoek, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF OUR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

11. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL City of Windhoek BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON OUR SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF City of Windhoek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, City of Windhoek. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL City of Windhoek’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO City of Windhoek FOR USE OF OUR SERVICES OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO City of Windhoek, AS APPLICABLE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall City of Windhoek be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

12. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and City of Windhoek are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and City of Windhoek each waive any objection to jurisdiction and venue in such courts.

13. Dispute Resolution for Consumers.

The following terms of Section 13 “Dispute Resolution for Consumers” only apply if you are an individual who is using our services and City of Windhoek Content for your own personal use and are not representing a legal entity.

  1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of our services or City of Windhoek Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you andwe each waive any right to a jury trial.
  2. Exceptions and Opt-out. As limited exceptions to Section 13(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at cowcommunication@windhoekcc.org.na or by regular mail at P.O. Box 95105, Soweto, Windhoek, Namibia within thirty (30) days following the date you first agree to these Terms of Service.
  3. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address: P.O> Box 95105, Soweto, Windhoek, Namibia, requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
  4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
  5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
  6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 9 “Modification of our services or Terms of Service” above, if City of Windhoek changes any of the terms of this Section 13 “Dispute Resolution for Consumers” after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to cowcommunication@windhoekcc.org.na) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of City of Windhoek’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and City of Windhoek in accordance with the terms of this Section 13 “Dispute Resolution for Consumers” as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

14. DMCA/Copyright Policy.

City of Windhoek respects copyright law and expects its users to do the same. It is City of Windhoek’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see City of Windhoek’s Copyright Policy at www.windhoekcc.org.na/copyright, for further information.

15. Miscellaneous Provisions.

The English language version of these Terms of Service is the version that governs your use of our services and in the event of any conflict between the English language version and a translated version, the English language version will control.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by City of Windhoek.

16. Contact Information.

If you have any questions about these Terms of Service or our services, please contact City of Windhoek at cowcommunication@windhoekcc.org.na.