1. ACCEPTANCE OF TERMS
Online Nigeria provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In addition, when using
particular Online Nigeria services, you shall be subject to any posted
guidelines applicable to such services. All such guidelines are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Online Nigeria currently provides users with access
to a rich collection of on-line resources, including, communications
tools and online forums. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the
release of new Online Nigeria properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS"
and that Online Nigeria assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access
to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or
other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Online Nigeria has reasonable grounds
to suspect that such information is untrue, inaccurate, not current
or incomplete, Online Nigeria has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof). Online Nigeria is concerned about the safety
and privacy of all its users, particularly children. Toward this end,
due efforts are made to ensure that only content suitable for a broad
audience are used on the site. Please remember that our Service is
designed to appeal to a broad audience. Accordingly, it is your responsibility
to determine whether any of the Services and/or Content (as defined
in Section 6 below) are appropriate for your child.
4. ONLINE NIGERIA PRIVACY POLICY
Pursuant to Online Nigeria privacy policy, we never
disclose to third parties any information contained in your Registration
Data or related data, except as specifically authorized by you or
in the good faith belief that such action is reasonably necessary
to comply with the law, legal process, or to enforce the TOS. For
more information, please see our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately
notify Online Nigeria of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Online Nigeria cannot
and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not Online Nigeria, are entirely
responsible for all Content that you upload, post, email or otherwise
transmit via the Service. Online Nigeria does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Online Nigeria be liable
in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed
or otherwise transmitted via the Service.
You agree to not use the Service to:
upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not
limited to, an Online Nigeria official, forum leader, moderator or
host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the
Service;
upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
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, except in those areas (such as
shopping rooms) that are designated for such purpose;
upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects other
users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. CONTENT SUBMITTED TO ONLINE NIGERIA
By submitting Content to any Online Nigeria property,
you automatically grant, or warrant that the owner of such Content
has expressly granted, Online Nigeria the royalty-free, perpetual,
irrevocable, non-exclusive and fully sub- licensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed. You acknowledge
that Online Nigeria does not pre-screen Content, but that Online Nigeria and its designees shall have the right (but not the obligation)
in their sole discretion to refuse, edit, move or remove any Content
that is publicly available via the Service. Without limiting the foregoing,
Online Nigeria and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by Online Nigeria or submitted
to Online Nigeria, including without limitation information in Online Nigeria Message Boards, Online Nigeria Clubs and Forums, and in all
other parts of the Service.
9. INDEMNITY
You agree to indemnify and hold Online Nigeria, and
its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights
of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Online Nigeria may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that private messages, message
board postings or other uploaded Content will be retained by the Service,
the maximum number of messages that may be sent from or received by
an account on the Service, the maximum size of any message that may
be sent from or received by an account on the Service, the maximum
disk space that will be allotted on Online Nigeria'’s servers
on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You
agree that Online Nigeria has no responsibility or liability for
the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that Online Nigeria reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Online Nigeria reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Online Nigeria reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that Online Nigeria shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Online Nigeria, in its sole discretion,
may terminate your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or
if Online Nigeria believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Online Nigeria may also in
its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that Online Nigeria may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that Online Nigeria
shall not be liable to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Online Nigeria shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because Online Nigeria has no control over such sites and resources, you acknowledge
and agree that Online Nigeria is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that Online Nigeria shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such
site or resource.
16. ONLINE NIGERIA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Online Nigeria
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
Online Nigeria grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is
provided by Online Nigeria for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Online Nigeria EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Online Nigeria MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL. 18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Online Nigeria
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Online Nigeria HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive
or request any news, messages, alerts or other information from the
Service concerning companies, stock quotes, investments or securities,
please read the above Sections 17 and 18 again. They go doubly for
you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. Online Nigeria shall
not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such
information.
21. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you generally
on the Service.
22. TRADEMARK INFORMATION
Online Nigeria!, the Online Nigeria! logo, Online Nigeria! in Chinese Characters, and other Online Nigeria! logos and
product and service names are trademarks of Online Nigeria! Inc.
(the "Online Nigeria Marks"). Without Online Nigeria's
prior permission, you agree not to display or use in any manner, the
Online Nigeria Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Online Nigeria respects the intellectual property of
others, and we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide Online Nigeria's Copyright Agent the following information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Online Nigeria's Copyright Agent for Notice of claims
of copyright infringement can be reached as follows:
By mail: 817 Silver Spring Avenue, Suite 817, SIlver SPring, MD 20910
By phone: 301-560-2476
By email: Click here
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you
and Online Nigeria and govern your use of the Service, superceding
any prior agreements between you and Online Nigeria. You also may
be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and Online Nigeria shall
be governed by the laws of the State of Maryland without regard to
its conflict of law provisions. You and Online Nigeria agree to submit
to the personal and exclusive jurisdiction of the courts located within
the county of Silver Spring, Maryland. The failure of Online Nigeria to
exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS by clicking
here
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