Terms Of Use
Terms and conditions of use
1. Introduction
1.1 These terms and
conditions shall govern your use of our website.
1.2 By using our
website, you accept these terms and conditions in full; accordingly, if you
disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 If you [register
with our website, submit any material to our website or use any of our website
or YouTube
services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at
least [18] years of age to use our website; and by using our website or
agreeing to these terms and conditions, you warrant and represent to us that
you are at least [18] years of age.
1.5 Our website uses
cookies; by using our website or agreeing to these terms and conditions, you
consent to our use of cookies in accordance with the terms of our [privacy and
cookies policy].
2. Copyright notice
3.1 Copyright (c) [2015(s) of first publication] [African Live Entertainment blog and African Live
Entertainment YouTube ].
3.2 Subject to the
express provisions of these terms and conditions:
(a) we, together
with our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
(b) all the
copyright and other intellectual property rights in our website and the
material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from
our website in a web browser;
(b) download pages
from our website for caching in a web browser;
(c) print pages
from our website;
(d) [stream audio
and video files from our website; and]
(e) [use [our
website services] by means of a web browser,]
subject to the
other provisions of these terms and conditions.
3.2 Except as
expressly permitted by Section 4.1 or the other provisions of these terms and
conditions, you must not download any material from our website or save any
such material to your computer.
3.3 You may only use
our website for [your own personal and business purposes], and you must not use
our website for any other purposes.
3.4 Except as
expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
3.5 Unless you own
or control the relevant rights in the material, you must not:
(a) republish
material from our website (including republication on another website);
(b) sell, rent or
sub-license material from our website;
(c) show any
material from our website in public;
(d) exploit
material from our website for a commercial purpose; or
(e) redistribute
material from our website.
3.6 Notwithstanding
Section 4.5, you may redistribute [our newsletter] in [print and electronic
form] to [any person].
3.7 We reserve the
right to restrict access to areas of our website, or indeed our whole website,
at our discretion; you must not circumvent or bypass, or attempt to circumvent
or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website
in any way or take any action that causes, or may cause, damage to the website
or impairment of the performance, availability or accessibility of the website;
(b) use our website
in any way that is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website
to copy, store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
(e) [access or
otherwise interact with our website using any robot, spider or other automated
means;]
(f) [violate the
directives set out in the robots.txt file for our website; or]
(g) [use data
collected from our website for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing).]
4.2 You must not use
data collected from our website to contact individuals, companies or other
persons or entities.
4.3 You must ensure
that all the information you supply to us through our website, or in relation
to our website, is [true, accurate, current, complete and non-misleading].
5. Limited warranties
5.1 We do not
warrant or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that the
material on the website is up to date; or
(c) that the
website or any service on the website will remain available.
5.2 We reserve the
right to discontinue or alter any or all of our website services, and to stop
publishing our website, at any time in our sole discretion without notice or
explanation; and save to the extent expressly provided otherwise in these terms
and conditions, you will not be entitled to any compensation or other payment
upon the discontinuance or alteration of any website services, or if we stop
publishing the website.
5.3 To the maximum
extent permitted by applicable law and subject to Section 12.1, we exclude all
representations and warranties relating to the subject matter of these terms
and conditions, our website and the use of our website.
6. Limitations and exclusions of liability
6.1 Nothing in a
contract under these terms and conditions will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law.
6.2 The limitations
and exclusions of liability set out in this Section 12 and elsewhere in a
contract under these terms and conditions:
(a) are subject to Section
12.1; and
(b) govern all
liabilities arising under that contract or relating to the subject matter of
that contract, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty, except to the extent expressly
provided otherwise in that contract.
6.3 To the extent
that our website and the information and services on our website are provided
free of charge, we will not be liable for any loss or damage of any nature.
6.4 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
6.5 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
6.6 We will not be
liable to you in respect of any loss or corruption of any data, database or
software.
6.7 We will not be
liable to you in respect of any special, indirect or consequential loss or
damage.
6.8 You accept that
we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
7. Breaches of these terms and conditions
7.1 Without
prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) send you one or
more formal warnings;
(b) temporarily
suspend your access to our website;
(c) permanently
prohibit you from accessing our website;
(d) block computers
using your IP address from accessing our website;
(e) contact any or
all of your internet service providers and request that they block your access
to our website;
(f) commence legal
action against you, whether for breach of contract or otherwise; and/or
(g) suspend or
delete your account on our website.
7.2 Where we suspend
or prohibit or block your access to our website or a part of our website, you
must not take any action to circumvent such suspension or prohibition or
blocking (including without limitation creating and/or using a different
account).
8. Variation
8.1 We may revise
these terms and conditions from time to time.
8.2 [The revised
terms and conditions shall apply to the use of our website from the date of
publication of the revised terms and conditions on the website, and you hereby
waive any right you may otherwise have to be notified of, or to consent to,
revisions of these terms and conditions. / We will give you written notice of
any revision of these terms and conditions, and the revised terms and
conditions will apply to the use of our website from the date that we give you
such notice; if you do not agree to the revised terms and conditions, you must
stop using our website.]
8.3 If you have
given your express agreement to these terms and conditions, we will ask for
your express agreement to any revision of these terms and conditions; and if
you do not give your express agreement to the revised terms and conditions
within such period as we may specify, we will disable or delete your account on
the website, and you must stop using the website.
9. Assignment
9.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.
9.2 You may not
without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and
conditions.
10. Severability
10.1 If a provision
of a contract under these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
10.2 If any unlawful
and/or unenforceable provision of a contract under these terms and conditions
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
11. Third party rights
11.1 A contract under
these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
11.2 The exercise of
the parties' rights under a contract under these terms and conditions is not
subject to the consent of any third party.
12. Entire agreement
12.1 Subject to
Section 12.1, these terms and conditions, together with [our privacy and
cookies policy], shall constitute the entire agreement between you and us in
relation to your use of our website and shall supersede all previous agreements
between you and us in relation to your use of our website.
13. Law and jurisdiction
13.1 A contract under
these terms and conditions shall be governed by and construed in accordance
with [English law].
13.2 Any disputes
relating to a contract under these terms and conditions shall be subject to the
[exclusive / non-exclusive] jurisdiction of the courts of [England].
14. Statutory and regulatory disclosures
14.1 We are
registered in [Nigeria Copyright Commission];
and our registration number is [ng342175].
14.2 We are subject
to [authorisation scheme], which is
supervised by [Nigeria Copyright
Commission].
14.3 We are registered
as African Live Entertainment with NCC in Nigeria
15. Our details
15.1 This website is
owned and operated by [Nicholas Ogbonna].
15.2 We are registered
in [Nigeria] under registration number [NG342175],
and our registered office is at [No. 50 Onuato Street Trans Ekulu Enugu].
15.3 Our principal
place of business is at [No. 50 Onuato Street Trans Ekulu Enugu].
15.4 You can contact
us by writing to the business address given above, by using our website contact
form, by email to [nicholasogb1990@gmail.com]
or by telephone on [2348066597886].
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