Terms and Conditions of Service
These naijasound Terms and Conditions of Service (these “Terms and Conditions”) describes the terms and conditions on which naijasound (“we” or “our company”) offer services to you (“Customer” or “You”). By registering for or using naijasound services, Customer agrees to be bound by the following terms and conditions.
Eligibility for naijasound Services
Naijasound services are available only to individuals over eighteen years of age who are legally eligible to enter into binding contracts, and businesses that are duly licensed to do business and is in good legal standing in the jurisdictions in which they do business (during the term of these Terms and Conditions) that it is not a competitor of naijasound.
Subject to the terms and conditions of these Terms and Conditions, naijasound makes certain Services available to Customer. For the purposes of these Terms and Conditions: (a) “Customer” (or “you”) means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) “Services” means those electronic or interactive services offered by naijasound. Naijasound reserves the right to change or discontinue any of the Services at any time.
You may upload through the Services, Content created by you or for which you have received express permission from the owner (“Content”) so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to naijasound and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, edit, modify, create derivative works from, use, and archive (if applicable) the Content.
You, not naijasound, are solely responsible for the Content you upload and store on naijasound servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that naijasound reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates these Terms and Conditions, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
You acknowledge that all materials (except Content uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively “Materials”), are provided either by naijasound or by its respective third party authors, developers and vendors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by naijasound and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. naijasound, the naijasound logo and other naijasound designs referenced herein are trademarks of naijasound, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.
Customer represents and warrants that the information it provides to naijasound is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, naijasound will have the right to suspend or terminate Customer’s account and these Terms and Conditions.
Customer may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for Customer. Furthermore, Customer represents and warrants that each person who registers under Customer’s account is an authorized agent of Customer (an “Authorized User”) who has such legal capacity.
Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) under Customer’s account, unless such access to or use of the Services is the direct result solely of the gross negligence of naijasound. Customer is solely responsible for maintaining the confidentiality of Customer access information.
Notification of Breach
Customer will immediately notify naijasound if Customer notices any activity indicating that Customer’s account or data is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer’s account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).
Customer has sole responsibility and liability for the Content its stores on naijasound’s servers. Through the Services, naijasound generates a link to Customer’s Content, which Customer may then provide to third parties to allow them access to the Content. naijasound encourages Customer to archive its Content regularly and frequently; Customer bears full responsibility for archiving its Content and sole liability for any lost or irrecoverable Content. Customer agrees to maintain its Content in compliance with its legal obligations. naijasound will disable access to Customer Content upon termination of these Terms and Conditions. However, naijasound may retain Customer data in its archives after termination and will not be liable to Customer in any way for such retained data.
Acceptable Use Policy; Prohibited Activities
You may NOT use naijasounds’s Service to:
1. upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the Content will be reported to the appropriate legal authority and/or the member’s ISP will be contacted;
2. harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the Content will be reported to the appropriate legal authority and/or the member’s ISP will be contacted without notice or delay;
3. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. upload any Content related to violence, scat or any other illegal Content. Uploading any of listed above files will get your account closed;
5. upload any Content that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, pornography, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation;
6. upload any Content, or commit any act which justifies civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress; or
7. Impersonate another living person.