1. DEFINITIONS
"Agreement" means the agreement
between You the user of the service and
Us the provider of the service.
"Liability" means liability
for any and all damages, claims, proceedings,
actions, awards, expenses, costs and any
other losses and/or liabilities.
"Member" means any person who
makes use of the Service and/or browses
the information and/or material contained
in the Service.
"Post" means display, show,
exhibit, publish, distribute, and/or disclose
information, details and/or other material
on the Service, and the phrases "Posted"
and "Posting" shall be construed
accordingly.
"Profile" means the section
containing details and/or information
about You composed and Posted by You.
"Service" means the nigeriandates.com
service provided by Us to You.
"We, Us, Our" means nigeriandates.com
"You, Your, Yourself" means
the person whose application for membership
of the Service is accepted by Us.
2. THE CONTRACT
2.1. This is a legally binding contract
between You and Us.
2.2. You agree to abide by these terms
and conditions and failure to do so may
result in your membership to be withdrawn
without notice.
2.3. You may only use this service if
you are 18 years old or over.
2.4. We reserve the right to vary these
terms and conditions at any time.
2.5. We reserve the right to monitor
and remove for any reason any information,
photographs and/or other material Posted
by You.
2.6. We reserve the right to refuse or
terminate memberships at any time without
notice or reason.
2.8. Your details and profile will be
displayed on the Service and You will
be able to view the details and profiles
of other Members.
2.11. You are totally responsible for
your own interactions with other Members.
2.12. We reserve the right to make changes
to the Service as required from time to
time without notice which may result form
sections of the site to be withdrawn without
notice.
2.13. If asked by Law enforcement of
any country the provider of the Service
will make available any information required
by them.
3. COST AND PAYMENTS
3.1. The cost of the Service shall be
FREE.
3.5. Either party may terminate this
Agreement at any time, for any reason.
Termination of the agreement by either
party will be effective upon that party
sending notice to the other party of their
intentions.
4. MEMBER'S OBLIGATIONS
4.1. You will not:
4.2. Post Your personal details such
as Your telephone number, address and/or
e-mail address or URL in Your Profile.
4.3. Transmit and/or Post information,
pictures and/or any other material which
breaches, infringes, violates and/or is
contrary to any law, by-law, statute and/or
regulation or any other parties' rights
in (including but not limited to intellectual
property and/or privacy rights).
4.4. Use the Service to promote another
site, service and/or business in any way
including but not limited to Posting any
personal e-mail addresses URL's and/or
other personal telephone numbers in Your
Profile.
4.5. Solicit other Members' business,
buy or sell products and/or services through
the Service.
4.6. Post and/or reproduce in any way
any information and/or material in which
the copyright, trade mark and/or intellectual
property belongs to another party without
first obtaining the prior consent of the
owner of such rights.
4.7. Post any chain letters and/or junk
e-mail to other Members.
4.8 Transmit and/or Post and/or email
to another member any information, pictures
and/or any other material, which in the
opinion of the site administrator is sexually
explicit, racist, abusive, threatening
or likely to cause offence to another
member.
5. TERMINATION
5.1 If:-
5.1.1 You breach the terms of this Agreement;
5.1.2 You persistently breach the terms
of this agreement;
5.1.3 You fail to provide Us within the
time limit requested by Us with sufficient
information to enable Us to determine
the accuracy and/or validity of any information
Posted by You; and/or
5.1.4 in Our reasonable opinion, any information
Posted by You is damaging or potentially
damaging to the interests of Our business
then We shall have the right, without
prejudice to any other remedies, to exercise
any or all of the rights set out in clause
5.2 below.
5.2 If any of the events set out in clause
7.1 above occurs in relation to You then:-
5.2.1 We may terminate this Agreement
immediately;
5.2.2 We may immediately suspend and/or
terminate Your access to the Service without
notice; and/or
6. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
6.1. All intellectual property rights
including without limitation all patents,
copyright, design rights (whether registered
or unregistered), trade marks (whether
registered or unregistered) and other
similar rights wherever existing in the
world together with the right to apply
for protection of the same) in the Service
shall be owned by Us absolutely.
6.2. You agree that You will keep confidential
and not use, except for purposes contemplated
by this agreement, any and/or all information
relating to the Service which may be disclosed
to You or which You may learn, except
where such information is public knowledge
or it is required to be disclosed by law.
6.3. We will use Our reasonable commercial
endeavours to keep Your personal details
such as real e-mail address confidential
and will not disclose such information,
except where such information is public
knowledge or it is required to be disclosed
by law.
7. GUARANTEE
7.1. The Service is provided in its current
form and We do not guarantee that the
Service, or any element of the Service
will meet Your requirements, purpose and/or
expectations.
7.2. We do not warrant that any of the
information and/or material provided in
the Service is accurate.
7.3. We do not provide any warranty in
respect of the Service, results, availability,
and/or uninterrupted use of the Service.
8. LIMITATIONS ON LIABILITY
8.1. We shall have no Liability for any
defect in the Service caused or contributed
to by You and/or any other Member.
8.3. You shall give Us a reasonable opportunity
to remedy any matter for which We are
liable.
8.4. We shall have no Liability to You
arising out of Your use of the Service
and/or Your reliance on any information
and/or other material Posted on the Service
or Posted to You by other Members.
8.5. It is possible for other Members
and/or unauthorised users to obtain and
misuse information about You as a result
of Your use of the Service. We shall have
no Liability to You arising out of any
Member's and/or unauthorised user's misuse
of information and/or other material Posted
by You on the Service and/or to other
Members.
9. INDEMNITY
9.1. You agree to indemnify and keep
indemnified Us against any and all losses,
proceedings, lost profits, damages, awards,
expenses, costs (including increased administration
costs and legal costs on a full indemnity
basis), claims, actions and any other
losses and/or liabilities suffered by
Us and arising from and/or relating to
Your use of the Service, information and/or
other material Posted on the Service by
You and/or arising from or due to any
breach of contract.
10. GENERAL
10.1. All third party rights are excluded
and no third parties shall have any right
to enforce this Agreement. This shall
not apply to members of Our group who
shall have the right to enforce this Agreement
as if they were Us. Any right of a third
party to enforce this Agreement may be
varied and/or extinguished without the
consent of the any such third party.
10.2. This Agreement is governed by and
interpreted in accordance with English
law and the parties agree to submit to
the non-exclusive jurisdiction of the
English courts.
10.3. No waiver by Us of any breach of
this Agreement shall be considered as
a waiver of any subsequent breach of the
same provision or any other provision.
10.4. This Agreement contains the entire
agreement between You and Us. If any provision
of this Agreement is held by any competent
authority to be invalid or unenforceable
in whole or in part the validity of the
other provisions of this Agreement and
the remainder of the affected provision
shall be unaffected and shall remain in
full force and effect.
10.5. Unless otherwise stated these terms
and conditions will survive termination
and/or cancellation of this Agreement
for any reason.
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