Nigerian Newspaper’s Terms and Conditions

 

Effective as of 11/01/2020

 

AGREEMENT TO TERMS

 

Welcome to nigeriannewspaper.net (the “Site“). The Site is comprised of various web pages operated by NigerianNewspaper. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms and Conditions (the “Terms“). The Site is also offered to you conditioned on your acceptance of NigerianNewspaper’s [Privacy Policy].

 

PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

 

PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS AND OPTIONS IN RESOLVING DISPUTES BETWEEN YOU AND NIGERIANNEWSPAPER. PLEASE READ THOSE PROVISIONS CAREFULLY.

 

All references to “you” or “your,” as applicable, mean the person who accesses, uses, registers, creates an account or otherwise participates in the Site, in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.

 

DEFINITIONS

 

As used in these Terms –

 

“Customer” means any person, whether an individual or an entity, who creates an account as a Customer on the Site, in order to receive quotes from Service Providers, engage the services of a Service Provider on the Site, provide reviews on services rendered by the Service Providers, or otherwise participates in the Site as a Customer.

 

“NigerianNewspaper Content” means all text, graphics, images, as well as the compilation thereof, video, captions, information, formatting, audiovisuals, web design, notices, forms, submissions and any other content which NigerianNewspaper provides on or through the Site, including content licensed from a third party.

 

“User” means any person who accesses, visits, browses, connects to, participates in or otherwise uses the Site, whether or not such a person creates an account as a Customer, and includes persons who create an account as Customer.

 

ELIGIBILITY

 

The Site and the services provided on the Site are only available to individuals who are 18 years old and above, with the requisite capacity to contract under applicable law. By using the Site, you represent and warrant that you are 18 years old or older and have the capacity to agree to these Terms.

 

ACCOUNT CREATION

 

NigerianNewspaper may permit to you to visit the Site without creating an account. But, in order to access the services available on the Site as a Service Provider or as a Customer, you need to create a password-protected account on the Site. You agree that the information you provide for the creation of your account pertains to you or your entity and is true, complete and accurate. NigerianNewspaper has no obligation to safeguard your login credentials, thus you are solely responsible for protecting your NigerianNewspaper login credentials, and should immediately report any unauthorized access to your login credentials. You are responsible for all activity connected to your profile on the Site and are required to report any unauthorized or prohibited activity connected with or carried out on your account on the Site. NigerianNewspaper is not responsible for any losses you may experience as a result of any unauthorized access or activity on your account on the Site, but you may be responsible to NigerianNewspaper for any losses occasioned to NigerianNewspaper as a result of any unauthorized access or activity on your account.

 

LIMITATIONS OF LIABILITY

 

While we make every effort to ensure the accuracy and reliability of our services, we make no warranties or guarantees as to their suitability for any purpose. We accept no responsibility for any use made of the information provided.

Certain links on the Site lead to websites over which we have no control. We cannot accept any responsibility for such websites, or for your use of them, or for their accuracy, completeness, legality, satisfactory quality, fitness for purpose, freedom from a computer virus, operability or availability. The presentation of links to external websites on the Site does not imply any association with, nor endorsement by or of, the publishers of such websites. We encourage you to be aware when you leave the Site and to read the legal notices and policies of each other website that you visit.

Nor do we warrant, guarantee, endorse or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked website.

Accordingly, we shall not be liable to you for any loss or damage of any kind arising out of or in any way relating to the Site, our services, your use of (or inability to use) the Site and/or the materials, information or other content accessible on or via the Site (whether or not we have been advised of, or should have been aware of, the possibility of any such loss or damage arising). Nothing, however, in this Legal Notice excludes or limits our responsibility for any liability that cannot be excluded or limited under applicable law.

 

 

 

 

PRIVACY

 

Your use of the Site is subject to NigerianNewspaper’s [Privacy Policy]. Please review our Privacy Policy which also governs the Site, and informs users of our data collection practices.

 

ELECTRONIC COMMUNICATIONS

 

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

 

USE OF COMMUNICATION SERVICES

 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

NigerianNewspaper has no obligation to monitor the Communication Services. However, NigerianNewspaper reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NigerianNewspaper reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

NigerianNewspaper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NigerianNewspaper’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NigerianNewspaper does not control or endorse the content, messages or information found in any Communication Service and, therefore, NigerianNewspaper specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NigerianNewspaper spokespersons, and their views do not necessarily reflect those of NigerianNewspaper.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of the Site, you agree that you shall not:

 

• Use the Site for any purpose that is unlawful or prohibited by these Terms.

 

• Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

 

• Use the Site to offer services and/or post information or content that is defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, sexually explicit, obscene, racially or ethnically offensive, or otherwise objectionable.

 

• As a Customer, misrepresent or offer false information concerning your identity, your location, the nature and scope of your project, information in a quote request or any other information in connection with your use of the Site.

 

• Use another person’s account on the Site without authorization, or otherwise misrepresent yourself on the Site as being another person.

 

• Collect, harvest or sell from the Site, any personally identifiable information i.e. information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with any User.

 

• Use the Site in any manner that infringes the intellectual property rights of any other person, including but not limited to copyright, trademark protections, moral rights etc.

 

• Use a web scraping, web harvesting or web data extraction tool to access the Site for any purpose, unless NigerianNewspaper’s written consent is first obtained.

 

• Manipulate or misuse the Site’s review and/or feedback system, in order to present false, inaccurate or misleading reviews and/or feedback.

 

• Attempt to or indirectly do any of the foregoing acts.

 

 

 

TERMINATION/ACCESS RESTRICTION

 

You may cancel or terminate your account, associated email address and/or access to the Site by submitting a cancellation or termination request on the Site.

 

You agree that NigerianNewspaper reserves the right, in its sole discretion, to suspend, cancel or terminate your access to the Site and the related services or any portion thereof at any time, without notice. Reasons for termination include but are not limited to:

 

• Any breach or violation of the Terms or any other incorporated agreement, regulation and/or guideline.
• Requests from law enforcement or any other governmental agency.
• Unexpected technical or security issues or problem.
• Extended periods of inactivity.
• Engagement in fraudulent or illegal activity on or connected with the Site.
• Nonpayment of associated fees that may be owed in connection with your use of the Site Services.

 

INTERNATIONAL USERS

 

The Service is controlled, operated and administered by NigerianNewspaper from our office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NigerianNewspaper Content in any manner prohibited by any applicable laws, restrictions or regulations.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless NigerianNewspaper, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or access to the Site and/or services provided by the Site, any Submissions made by you, your breach or violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NigerianNewspaper reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NigerianNewspaper in asserting any available defenses.

 

ARBITRATION

 

In the event the parties are not able to amicably resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, within 30 (thirty) days of a notification of the dispute by one party to the other party, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The parties may also agree that the arbitration should be conducted online by an online arbitration provider selected by both parties. To initiate an arbitration against NigerianNewspaper, you must send a letter requesting arbitration and describing your claim to our address. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. You may opt-out of this Binding Arbitration Agreement by sending written notice of your decision to opt out to NigerianNewspaper’s email address at info@newspaper.net, within 30 days of your acceptance of these Terms.

 

CLASS ACTION WAIVER

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NigerianNewspaper agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

LIABILITY DISCLAIMER

 

YOUR USE OF THE SITE AND THE SERVICES ON THE SITE SHALL BE ENTIRELY AT YOUR OWN RISK. YOU UNDERDSTAND AND AGREE THAT THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NIGERIANNEWSPAPER MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

 

NIGERIANNEWSPAPER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NIGERIANNEWSPAPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGERIANNEWSPAPER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NIGERIANNEWSPAPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

GOVERNING LAW

 

This agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

GENERAL

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NigerianNewspaper as a result of these Terms or your use of the Site. NigerianNewspaper’s performance of these Terms is subject to existing laws and legal process, and nothing contained in t these Terms is in derogation of NigerianNewspaper’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NigerianNewspaper with respect to such use.

 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

The following terms shall survive the termination of your use or access to the Site: Indemnification, Arbitration, Class Action Waiver, Liability Disclaimer, Governing Law and any other terms which by their nature ought to survive the termination of your use or access to the Site.

 

NigerianNewspaper’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Unless otherwise specified herein, these Terms constitute the entire agreement between the User and NigerianNewspaper with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and NigerianNewspaper with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

 

CHANGES TO TERMS

 

NigerianNewspaper reserves the right, in its sole discretion, to change the Terms under which the Site and all services on the Site are offered. The most current version of the Terms will supersede all previous versions. NigerianNewspaper encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

 

NigerianNewspaper welcomes your questions or comments regarding the Terms:

 

NigerianNewspaper

 

Email Address: _____info@nigeriannewspaper.net____________