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Bandsng write Terms of Use

  • Welcome to Bandsng writers community
  • Learning and writing With Us
  • Your Bandsng.com/write Account
  • Ownership and Use
  • Your Content
  • Privacy
  • Intellectual Property Concerns
  • Things You Can’t Do on Our Sites
  • Legal

Agreement

This User Agreement governs each website, mobile site, application, electronic publication and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a “Service or Publication”) provided by Inosof Ltd, its parent, subsidiaries and/or affiliates (“we,” “us,” or “our”) that links to this User Agreement, which is binding on all those who access, visit and/or use the Service or Publication, whether acting as an individual or on behalf of an entity (collectively, “you” or “your”).

Please read this User Agreement carefully along with our Privacy Policy. You can access this User Agreement and our Privacy Policy any time in the footer of the For writers home page. Your access, visitation and/or use of the Service or Publication, including without limitation any registration on or subscription to any aspect of the Service or Publication, will constitute your agreement to this User Agreement and our Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use the Service or Publication.

The User Agreement and our Privacy Policy may be modified from time to time by us; in which case we will post a new version on this site or in the Service or Publication. Thus you are urged to return back to this site or the Service from time to time to read any amended terms. Continued access of the Service or Publication by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy.

If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service or Publication, as listed in this User Agreement and the Privacy Policy, (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or Publication or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may refuse to provide you with any future access, visitation, and/or use of the Service or Publication. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.

Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, Service or Publication marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Service or Publication, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or Service or Publication providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

Welcome to Bandsng writers community

On this section we are talking about the contract you enter with Bandsng when you use our bandsng.com/write websites. We’ve explained the meaning of the words in bold at the end of these terms.

1 We’re Bandsng and we welcome you to the Bandsng writers community, accessible via Bandsng.com/write. We hope you have a blast writing and learning from our range of tutorials, courses, eBooks, and reading articles dropped by all our authors! And that you earn just the right reward for your work. This is our agreement that we make with you when you use the Bandsng sites and it applies whether you are just browsing the content on our sites, writing articles or accessing writing contest via your account.

2. Thanks for taking the time to read and understand these terms because they govern your use of our sites and set out your rights and obligations.

3. If you can’t, or don’t want to, accept these terms, then we’re sorry but you must not use the Bandsng sites.

4. You have to be 16 years or over to browse the Bandsng sites. We don’t knowingly collect any information from anyone aged 16 or under. You need to be 18 years and above to sign up for a Bandsng write account. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.

Learning and writing With Us

5. We want you to enjoy our sites as you write, read and learn from them. We give you permission to use the sites and the content in exchange for accepting our terms and complying with them.

6. Content that is available on our sites may be either free or require that you pay for the right to access. Whether the content is free or purchased, we give you the right to use it in the following ways (legally speaking we give you a revocable, non-exclusive license to do the following things). You can:

a. Use the effects and techniques demonstrated in the content, and the knowledge you gather, for personal or commercial purposes, without needing to say where you learned it (attribution);

b. use, modify and manipulate assets made available like source files but only for your own personal, educational purposes and without redistributing them.

Take a look at the rest of these terms (especially sections 22–26) for some details on source files and things you can’t do under your license to the content.

If you’d like to arrange for bulk access to purchased content for your organization, please contact us.

Helping to Keep Our Free Content Free

7. We don’t charge you to access the free content, but we do use some common strategies to help us pay our contributors to create such great educational resources—these might include affiliate programs, sponsored posts, advertising and so on.

8. Some of these relationships, such as affiliate programs, might mean that we receive a commission if a purchase is made from a site we link to. It is up to you to make sure that products and services of other sites we link to meet your needs, as we don’t formally endorse any products or services of these other sites. We don’t have control over anyone else’s sites so we can’t be responsible for them. But of course, we only suggest something if we think it is worthy. If you have feedback on any affiliate, let us know.

Purchased Content

This section will help you understand how to access purchased content and what you get when you “buy” purchased content.

9. Purchased content includes things like buying individual courses, or taking out a subscription or entering a contest. To buy purchased content you will need to already be loged into an account. Read on to learn more about your Bandsng write account. (We say “buy” but as we’ve explained above in section 6, you are getting a license to use this content rather than ‘owning’ it outright!)

10. You pay for the purchased content you’ve selected via our cart page. All prices on our site are in Nigeria Naira (NGN). You are responsible for meeting all costs of currency conversion from your local currency to NGN. These currency conversion costs are imposed by your financial institution and not controlled by the Naira.

11. When you want to view purchased content you will need to access your account. Purchased content sits right in your account and most of it is viewable online.

Fair Use

12. You may be able to download some types of content to your computer but all content is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the site, especially content accessed by subscription, must be fair, genuine and reasonable. For example, the total amount of content you download must be reasonable in light of your actual education and learning needs, and the time needed to genuinely engage with that content. We will use our reasonable discretion to decide whether you have met our ‘fair use’ policy.

Your Bandsng write Account

This section will help you understand how you’re responsible for access to your account and what you can expect from us.

13. You must not share your account username and password with anyone else or allow anyone else to access your account and purchased content. You are responsible for every use of the sites and purchased content that occurs in conjunction with use of your username and password and other details you provided during registration.

14. You are responsible for keeping your username and password confidential and must use reasonable efforts to do so. You must notify us as soon as possible if you become aware of any unauthorised use of your username, password, account or purchased content.

15. We’ll try to provide you with long-term access to your purchased content that will usually be available for at least 3 years (except eBooks which we suggest you download immediately). However, if you’ve taken out a subscription to content, you’ll only have access to the content as long as your subscription is current. In any case, we can remove purchased content at our discretion, for example if it becomes out of date or obsolete, or if we need to for legal or business reasons. We will take reasonable steps to tell you if we are removing any purchased content (other than eBooks), but this might not always be possible depending on the reason for or urgency of the removal.

16. Please contact us if you ever have a problem accessing your account or any of your purchased content.

Restricting Access

This section will help you understand when we might restrict your access.

17. We may restrict, suspend or terminate your access to your account at any time at our discretion if we decide you’ve breached these terms or any law that applies. We’ll be reasonable in exercising our discretion and making such a decision.

18. Your access to purchased content will be suspended or terminated if payment is reversed by the payment agent (which is out of our control) or if a refund is granted. If there’s a reversal or a refund on a subscription that entitled you to credit on another Bandsng service, that credit (or transactions made with that credit) will be reversed.

Refunds

This section will help you understand how we process requests for a refund.

19. It’s hard to think of when you might need a refund given that once you’ve seen purchased content you can’t ‘un-see’ it and we give you information about purchased content before you buy it. We do not generally offer refunds unless required under the Nigeria consumer law or other relevant consumer protection laws. If you think you’ve got a genuine claim please let us know your reasons. We will assess your request on its merits, with regard to the digital nature of the content and previews available before purchase.

20. There is no obligation to provide a refund in situations like the following:

a. you have changed your mind; b. you bought purchased content by mistake; c. you do not have sufficient expertise to use the purchased content; or d. you ask for goodwill; e. You did not win a contest.

21. Refunds will be paid using the same manner of purchase. When a refund is granted your license for the purchased content is cancelled and we will remove from your account the purchased content that was refunded or your acces to the page is blocked

Ownership and Use

22. We, or our instructors, authors, or writers, own or have licensed the rights in the content. We also own the rights in the design, compilation and look and feel of the sites. This includes intellectual property rights like copyright.

What you can’t do with content

23. Our business, and that of our instructors, authors or writers, is based on intellectual property (IP) including copyright. We need to protect our IP so we can keep giving you access to awesome content.

24. You agree that you won’t redistribute, frame, repurpose or copy content (unless specifically allowed in these terms), and you won’t use content for any purpose that we have not expressly stated. If you love our content, please send others to the sites rather than send the content to them!

25. The trademarks and logos on the sites belong to Bandsng or to others, and you must not use these without the approval of the owner(s).

Source Files

26. As a part of your learning with us or reading our materials, we may provide you with access to source files like source code or media files that have their own licenses. This means that for those source files with separate licenses you may be able to use them for things broader than what we’ve outlined in section 6 like for commercial use or redistribution. Read the individual license for those source files to find out what you can do. You’ll need to decide for yourself whether your use of these sources files is covered under each individual license, which are available with the source file download.

Your Content

27. Effects and Techniques: As we’ve said in section 6, you may use the effects and techniques demonstrated in the content, and the knowledge you learn, for personal or commercial purposes. You own the rights in the things you create when you apply your knowledge independently of using assets like source files.

28. Forum and Community Rules: We’d like you to use the messaging and forum or comment section of Bandsng.com/write site. We’re a community! Often you’ll have the opportunity to comment or post on our sites or message another user or find yourself in a group. You retain ownership of any intellectual property in your content but by posting it on our sites you’re giving us permission (a license) to use it on our sites. This permission includes allowing us to publish it (or not), to feature it, to move it to a more appropriate forum, and to store or delete it.

29. Our Bandsng writers community is made of great people who know what is and is not acceptable online. We do have a liberal comments policy and welcome constructive criticism so that we can keep improving.

30. But just to keep it clear, you agree to follow any forum or community rules on the sites, including our Acceptable Use Policy, and that you won’t post anything that:

a. affects other users’ use or enjoyment of the sites;

b. is false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;

c. infringes others’ rights, including privacy or intellectual property rights;

d. discloses personal information about others, particularly sensitive information;

e. contains a virus, spyware, or other harmful component;

f. contains commercial solicitation or ‘spam’.

31. We retain the right to take down any user content for any reason at all. We may give notice beforehand or provide a reason but we’re not obliged to do so and this may not always be possible. We’re not liable for any content posted by others on our sites.

Privacy

This section will help you understand our rules to guard your personal information.

32. We respect your privacy and process your personal information in accordance with our Privacy Policy. Our Privacy Policy explains how we deal with your information. Please refer to th Privacy policy page for more details.

Intellectual Property Concerns

33.We respect the IP rights of others, including those who have been nice enough to let us use any of their material or assets on our sites. Please contact us if you believe that your intellectual property or other rights are being affected by anything on the site.

34.If you are specifically making a copyright-based claim about content, please send the following information to copyright@bandsng.com:

a.your address, telephone number, and email address;

b. a description of the location of the alleged infringing material;

c. a description of the copyright work that has been allegedly infringed;

d. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf; and

e. your physical or valid electronic signature.

Things You Can’t Do on Our Sites

35.In using the sites you agree that you will not:a.use a false email address, impersonate others, or misrepresent your affiliation with others;b.attempt to gain unauthorized access to computer systems or materials through Envato Tuts+;c.engage in automatic gathering of information from or through Envato Tuts+ (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);d.attempt to interrupt or alter Envato Tuts+’ operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);e.use Envato Tuts+ or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, offensive, misleading, or defamatory;f.use scripts to automatically mass download content;g.insert advertising, branding or other promotional content into the site or content;h.except as allowed in these terms, copy, distribute, transmit, modify or otherwise exploit content, data or code on the sites.

Legal

Liability and Disclaimer:

36.There may be consumer laws where you live. We don’t purport to exclude or modify them if they apply. We call these non-excludable consumer laws.

37.Except as required by a non-excludable consumer law:

a.we are only bound by the express promises we make in these terms. We’re not bound by implied terms;b.we don’t promise that the content or your access to the sites will be uninterrupted or error-free, that any defects will be corrected, or that the site or content are free of viruses or any other harmful components;c.we don’t make any promises about (and we’re not liable for) your access to or reliance on the sites or content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;d.we’re not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the sites or content; ande.to the fullest extent permitted by law, our liability for breach of any warranty or condition which cannot be excluded is limited, at our option, to either replacement or paying the cost of replacement.

38.Access and Availability: We’ll try to make sure that you have 24/7 access and we’ll try to keep any downtime to a minimum. We may need to interrupt or suspend your access to the site or the provision of the site’s services and content, for maintenance, technical or other reasons but we’ll try to be quick.

39.Taxes, Fees and Charges: You are responsible for paying all fees and taxes associated with your use of the sites wherever levied (including withholding tax, if applicable).

40.Changes to Terms: We can change terms at any time but we’ll do our best to post information about this on the sites. If you continue to use the sites after the terms change, you will be accepting the new or revised terms.

41.Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion (unless these terms say otherwise).

42.Applicable Laws: We control and operate the site from our offices in Nigeria. The laws of the federal republic of Nigeria govern these terms— you and Bandsng submit to the jurisdiction of the courts there.

Writers Agreement

  1. MONITORING AND COMPLAINTS AGAINST OTHER USERS
  2. Monitoring
    We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service or Publication, including in the social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, and other classified ads, and elsewhere, to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Service or Publication, or any portion thereof, will be monitored for accuracy or unacceptable use, or that any apparent statements of fact will be authenticated. We also do not make any representations, warranties or guarantees that we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service or Publication by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
  3. What to Do if You Have a Complaint Against Another User
  4. Remember that by using the publicly accessible portions of our Service or Publication you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement, but not all of such Content is actionable. We ask that you not use the Service or Publication, or lodge complaints against other users, to facilitate a personal dispute. If you have a legitimate complaint about another user, please do the following:
  • Harassment: If you have reason to believe that another person is using the Service or Publication in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies.
  • Copyright Complaints: If you have reason to believe that your Content has been copied and/or is accessible on the Service or Publication in a way that constitutes copyright infringement, or that the Service or Publication contains links or other references to another site, application, destination or Service or Publication that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Complaints.
  1. IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES).

III. SENSITIVE INFORMATION DISCLAIMER

  1. While you may freely discuss topics of interest to you, and the Service or Publication may include general Content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service or Publication for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content obtained on or through this Service or Publication before making any decisions based on such Content.
  2. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SITE PROPRIETOR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY BLOG POSTS) IS PROVIDED WITH THE UNDERSTANDING THAT THE SITE PROPRIETOR (AND IN THE CASE OF BLOGS, THE BLOGGERS) ARE NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITE OR BLOGS TO REPLACE CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS TO MEET YOUR INDIVIDUAL MEDICAL NEEDS. PATIENTS AND THEIR CARETAKERS SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL BEFORE UNDERTAKING ANY TREATMENT.

YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE SITE PROPRIETOR AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH THE SITE PROPRIETOR OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY THE SITE PROPRIETOR “AS IS, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE SITE PROPRIETOR OR ITS LICENSOR OR SUPPLIER.

  1. REGISTRATION
  2. Registration Information:
    A. We may at times require that you register for certain products and/or Service or Publications, and/or to make purchases, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service or Publication, or the Service or Publication as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Your Information”. We may use and share you’re Your Information as described in our Privacy Policy.
  3. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service or Publication. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service or Publication that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service or Publication, please. contact us, as specified in our Privacy Policy. WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
  4. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or Service or Publications, including without limitation Content, that are initiated by use of your Registration Information.
  5. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service or Publication, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service or Publication, please immediately contact us, as specified in our Privacy Policy.
  6. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service or Publication by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit and/or use the Service or Publication by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
  7. Fees and Payments:
  8. We and our licensors, vendors, and/or Service or Publication providers may charge you fees for merchandise, products and/or Service or Publications, including without limitation Content, offered for sale or rental on or through the Service or Publication, and/or for access to portions of the Service or Publication or the Service or Publication as a whole. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Service or Publication and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified on the Service or Publication, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or Service or Publication providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Service or Publication.
  9. We may charge Fees in advance and on a daily, monthly, yearly, lump sum, or other basis. If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all Fees to such payment method. All Fees are due promptly and are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
  10. If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.0 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Service or Publication or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
  11. In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other Service or Publications necessary to access, visit and/or use the Service or Publication. If you are accessing the Service or Publication via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications Service or Publications.
  12. ACCEPTABLE USE:
  13. Acceptable Use:
  14. You shall ensure that all equipment, hardware, software, products and/or Service or Publications you use to access, visit, or use the Service or Publication does not disturb or interfere with our operation of the Service or Publication, or impede or interfere with others’ access, visitation and/or use of the Service or Publication. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service or Publication any equipment, hardware, software, product and/or Service or Publications causing interference with us, our licensors, vendors, Service or Publication providers, the Service or Publication or any Content.
  15. Unless otherwise specified, the Service or Publication is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service or Publication by you and by those you authorize or allow to use, or provide access to, the Service or Publication, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service or Publication resides or is accessible.
  16. You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or Service or Publications linked to or accessible from this Service or Publication and are not responsible for the Content or actions of any other sites, applications, destinations or Service or Publications. Your linking to or accessing any other site, application, destination or Service or Publication is at your sole risk.
  17. The Service or Publication is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Service or Publication or submitting their personally identifiable information to us, and from using portions of the Service or Publication for which registration is required.
  18. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations (including applicable import and export control laws, rules, and regulations of the United States and other countries) in accessing and using the Service or Publication, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service or Publication. 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.
  19. Content that is provided by us, our licensors, vendors and/or Service or Publication providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service or Publication marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service or Publication, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or Service or Publication providers.
  20. Certain Content may be made available to you on or through the Service or Publication for download, installation, and/or streaming. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or Service or Publication providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.
  21. Restrictions:
    A. You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:
  • access and/or use anyone else’s Registration Information, or access, visit and/or use the Service or Publication by use of anyone else’s account/profile and/or Registration Information;
  • authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service or Publication by use of your account/profile and/or Registration Information or impersonate, imitate or pretend to be somebody else;
  • make any commercial, advertising, promotional, or marketing use of the Service or Publication and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service or Publication marks and other brand identifiers of us, our licensors, vendors, and/or Service or Publication providers obtained on or through the Service or Publication, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service or Publication;
  • post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers,;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you may post, upload, transmit, send, or otherwise make available on or through the Service or Publication;
  • use any bots, cheats, macros, scripts, or any form of auto-responder, or use any other automated process,;
  • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content;
  • engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Service or Publication;
  • use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
  • use any language, or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation defamation, child pornography, fraud, or invasion of privacy;
  • use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content that is pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
  • use any language, or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
  • post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
  • provide professional advice or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
  • post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, Service or Publication providers, other users, and/or any third party;
  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service or Publication, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service or Publication, in whole or in part, except as permitted by the Copyright Act;
  • reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service or Publication, in whole or in part; or
  • post, upload, transmit, send or otherwise make available on or through the Service or Publication any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
  1. Comments on Service or Publication are Not Necessarily Endorsed by Us:
    We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Service or Publication, including without limitation in our social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests/sweepstakes, or elsewhere. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service or Publication, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or Service or Publication providers. You agree that we and our licensors, vendors, and/or Service or Publication providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Service or Publication, including Content that violates the Agreement.
  2. Use of Content Supplied by You:
    You represent and warrant to us that you are the original creator of any Content you post, upload, transmit, send or otherwise make available on or through the Service or Publication and that you own or otherwise control all rights to such Content. Except as expressly provided otherwise in the Agreement, you retain ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending or otherwise making available Content, registering for the Service or Publication, or engaging in any other form of communication with us (on or through the Service or Publication or otherwise) you irrevocably grant us a royalty-free, non-exclusive, unrestricted, worldwide, perpetual, right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send or otherwise make available in any manner as we see fit without any compensation or attribution to you. In any event, you should make copies of or otherwise back-up any and all Content, personal data or communications you post, upload, transmit, send or otherwise make available on or through the Service or Publication that you may wish to retain. Please be aware that Content you disclose in publicly accessible portions of the Service or Publication may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE SERVICE OR PUBLICATION.
  3. Editing, Additions and Deletions:
    We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service or Publication, including without limitation any Content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service or Publication may not be consistent across all platforms, computers, or devices. If you do not refresh the Service or Publication after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other Service or Publications, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, Service or Publication providers and/or other third parties, including other users.
  4. Products Available on or through the Service or Publication:
  5. We may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from the Service or Publication.
  6. Nothing on the Service or Publication constitutes a binding offer to sell, rent, auction, distribute or give away merchandise, products and/or Service or Publications, including without limitation Content. We reserve the right at any time after receipt of your order or bid to accept or decline such order or bid, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Any prices displayed on the Service or Publication are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event merchandise, products and/or Service or Publications, including without limitation Content, are listed at an incorrect price, we have the right to refuse or cancel orders or bids placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order or bid is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or Service or Publications, including without limitation Content, which you, your family or any group seek.
  7. Images available on or through the Service or Publication of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
  8. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE SERVICE OR PUBLICATION. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, SHALL BE BETWEEN THE USER AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY US. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES.
  9. IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE SERVICE OR PUBLICATION, NOTE THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS.
  10. Copyright Complaints:
  11. If you have reason to believe that your Content has been copied and/or is accessible on the Service or Publication in a way that constitutes copyright infringement, or that the Service or Publication contains links or other references to another site, application, destination or Service or Publication that contains Content or activity that infringes your copyright rights, you may notify us by providing a document to our copyright agent set forth below:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service or Publication are covered by a single notification, a representative list of such works at the Service or Publication;

(iii) Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;

(iv) Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For communications on other matters, please contact us through the means described on the Service or Publication, if available (for example, in the “Contact Us” section), or if no such means are specified, contact us as specified in our Privacy Policy.

  1. Indemnification:
    You agree to indemnify, defend and hold harmless us, our licensors, vendors, Service or Publication providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Service or Publication, your Content, unauthorized use of Content obtained on or through the Service or Publication, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service or Publication.
  2. Disclaimer of Warranty and Limitation of Liability:
    A. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE OR PUBLICATION AT YOUR OWN RISK. THE SERVICE OR PUBLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE OR PUBLICATION. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE OR PUBLICATION AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE OR PUBLICATION, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
  3. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE OR PUBLICATION, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR PUBLICATION, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE OR PUBLICATION, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR PUBLICATION OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICE OR PUBLICATIONS AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR PUBLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE APPLICABLE SERVICE OR PUBLICATION DURING THE THREE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
  4. Termination or Suspension of the Service or Publication, Your Use of the Service or Publication, and/or the Agreement:
  5. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service or Publication, your account/profile, your ability to access, visit and/or use the Service or Publication or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.
  6. Even if the Service or Publication, your ability to access, visit and/or use the Service or Publication or any portion thereof, and/or the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service or Publication, may be retained and/or remain viewable by us, our licensors, vendors, Service or Publication providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service or Publication. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
  7. Communications to You:
  8. The communications between you and us usually use electronic means, whether you access, visit or use the Service or Publication, send us messages, or whether we post notices on the Service or Publication or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
  9. You understand and agree that joining the Service or Publication may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service or Publication.
  10. Disputes and Jurisdiction:
  11. The Service or Publication is based in Nigeria. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Service or Publication do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the Service or Publication, or any merchandise, products, Service or Publications, and/or Content available on or through the Service or Publication are appropriate, available, or legal in any particular geographic location.
  12. In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service or Publication, including without limitation cancelling any Fee-based Service or Publications. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Service or Publication, whether listed in this Agreement or the Privacy Policy, posted at various points in the Service or Publication, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content available on or through the Service or Publication, or any edits, deletions, additions, or other changes thereto; (iv) your ability or inability to access, visit and/or use portions of the Service or Publication, or the Service or Publication as a whole, or features, functionality, and/or Content available on or through the Service or Publication; or (v) the amount, type, and/or basis for determining any Fees, any changes thereto, or additional Fees.
  13. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
  14. You agree that, regardless of where you access, visit and/or use the Service or Publication, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court n Nigeria, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the Federal Republican of Nigeria, and any other laws, the conflict will be resolved in favor of the laws of the Federal Republic of Nigeria.
  15. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
  16. Miscellaneous:
  17. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or Publication, or the Service or Publication as a whole. Such additional rules will be posted in the relevant portions of the Service or Publication, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Service or Publication constitutes your agreement to comply with these additional rules.
  18. The rules, restrictions, limitations, terms and conditions that apply to the Service or Publication, whether listed in this Agreement or the Privacy Policy, posted at various points in the Service or Publication, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service or Publication, including the release of updates, upgrades, new products and/or Service or Publications, shall be subject to the terms and conditions of the Agreement.
  19. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
  20. If we have provided you with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with us. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.
  21. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.

43.Definitions:

account – your account is your personal portal that is accessed with a username and password and gives you access to purchased content.

content – all types of content available on the site including things like tutorials, courses, descriptions, eBooks, user forum content, assets or materials owned by others.

Bandsng, we or us – Bandsng, Inosof Ltd ,Suite 441 fourth floor kings Plaza Opposite naf conference centre, Kado Express way fct Abuja.

payment agent – the financial institution or payment gateway payment personel you can use to pay for purchased content.

personal use – your own self-education and personal purposes excluding any group access.

purchased content – content that we have made available for you to buy on our site or that you have paid us for.

terms – the legally binding contract you enter with us which includes these terms and conditions, the Privacy Policy and other policies, instructions and rules made available on our site.

Bandsng write, Bandsng, or sites – the sites, apps and other services in our Bandsng write branded network. You’ll know from the Envato Tuts+ name that a site, app or service is in our network and covered by these terms (unless we make clear on a site that other terms apply).

You or your means any users of the site (including those browsing or accessing an account and purchased content).

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Bandsng write terms of use.

Effective date: June 25, 2020.

Last update: August 21, 2020.

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