Terms of Service (Updated 16th July, 2015)
We are first and foremost, a very ethical company. We respect our customers and partners as major stakeholders, this partnership means a lot to us.
This document, the Outdoor Nigeria terms of service (“Terms”) governs the access and use of Outdoor Nigeria Services including the companion mobile applications, APIs, applications and other services (collectively referred to as "Services"). It also covers the images/photos, write-ups, videos and other contents (collectively referred to as “Content”) uploaded to or downloaded from Outdoor Nigeria Services.
Access to Outdoor Nigeria Service and the use thereof are based on end-user ("You") acceptance and compliance with this Terms. By accessing or using the Services you agree to be bound by the Terms.
Any mention of Outdoor Nigeria can be replaced by Evince Nigeria Limited ("Evince"), Evince is the owner of the brand Outdoor Nigeria (www.outdoornigeria.com).
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Federal Republic of Nigeria without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought and resolved solely through arbitration in the Federal Republic of Nigeria.
Waiver and Severability
Failure of Evince to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
You agree to indemnify Outdoor Nigeria from any direct or indirect claim resulting from your use of our Services. You agree that you are responsible for your use of the Services as provided and this indemnity covers Content you post to Outdoor Nigeria Services or those you download from it and agree to bear any consequences thereof. Consider that any content you put on Outdoor Nigeria are public by default and may be viewed online, including through third party services. B
Basically, what you post is available to the public.
All content posted or viewed or download on Outdoor Nigeria is the sole responsibility of the person who interacted with or used such. While we try to protect our customers by including verification warnings on content posted, we cannot monitor or control all content on our services, we cannot take responsibility for the use of Content. Use or reliance on any Content or materials posted via our Services or obtained by you through the Services is at your own risk.
By submitting, posting or displaying Content on or through the Services, you grant Evince a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
However, you retain your rights to any Content you submit, post or display on or through the Services. The license so granted includes the right for Outdoor Nigeria or Evince to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Outdoor Nigeria or Evince for further use, modification, destruction, publication and distribution of such Content on other media and services, subject to our terms and conditions for such Content use. These further use may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Outdoor Nigeria and Evince will not be responsible or liable for any use of your Content by Outdoor Nigeria or Evince in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Evince and Outdoor Nigeria gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Evince and Outdoor Nigeria as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Outdoor Nigeria in the manner permitted by the Terms herein.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Evince and its licensors. The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. Nothing in the Terms gives you a right to use the Evince name or any of Evince trademarks including Outdoor Nigeria, logos, domain names, and other distinctive brand features. Feedback, comments, or suggestions you may provide regarding Evince or Outdoor Nigeria, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Outdoor Nigeria operates through a network of users and third party companies (merchants, advertisers, content companies, data analysis and many more). If you accept these terms on behalf of yourself or an organization (be it government or private), you agree and warrant that you are authorized to do so and agree to operate on Outdoor Nigeria in compliance with local jurisdiction.
Our Services are dynamic; as such, we withold the right to make changes to our services at any time without prior notice or to add new services or stop providing any existing Service at our sole discretion. We reserve the right to limit use or charges depending on metrics or even intuition taken by Outdoor Nigeria.
By accepting this Term, you agree that Outdoor Nigeria, it's company Evince Nigeria Limited ("Evince") and its third party providers and partners may place advertising on Services which you may have contributed to, by creating Services or adding to the Content on Outdoor Nigeria or in connection with the display of Content or information from the Services whether submitted by you or others. You agree not to lay any claim to Content uploaded to Outdoor Nigeria.
You agree to the Privacy policies of Outdoor Nigeria as laid out in the Privacy document on Outdoor Nigeria i.e. outdoornigeria/privacy
Privacy and Security
You are responsible for safeguarding the password to your account and the other authentication protocols on other channels, including mobile devices and native apps. We have fulfilled our ethical requirement of providing encrypted channel of communication between you and our Services however we encourage good security measures including passwords that use a combination of numbers, upper and lower case letters, symbols and are a minimum of eight characters) with your account. Outdoor Nigeria or Evince cannot and will not be liable for any loss or damage arising from your failure to comply with the above or other security guidelines we will publish occassionally.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Under no circumstances will Outdoor Nigeria or Evince be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Note: We have placed certain measures, including flagging of inappropriate content and notice of verification status of various users on Outdoor Nigeria Services, nevertheless, you are responsible for your own safety online.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Evince, Outdoor Nigeria, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Evince Nigeria Limited computer systems, or the technical delivery systems of Evince’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Outdoor Nigeria or Evince (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Evince Nigeria Limited(NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Evince Nigeria Limited is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Evince will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material 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 the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material 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 you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Evince Nigeria Limited will also terminate an infringing account at our discretion. Evince or Outdoor Nigeria will also withhold payments, where applicable, for any material infringing or suitably reported to be infringing on copyrights and may not make such payment at all. These provisions also apply where content provided having commercial implications are so report and my forward such activities to the appropriate authorities in Nigeria.
You may contact Evince Nigeria Limited or Outdoor Nigeria at the following address
Evince Nigeria Limited,
Attn: Outdoor Nigeria,
8 Iyiola Olawale Street,
Akoka, Lagos, Nigeria
Email: email@example.com, firstname.lastname@example.org
The Terms will continue to apply until terminated by either you or Evince or Outdoor Nigeria as follows.
You may end your legal agreement with Evince or Outdoor Nigeria at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. Inactive accounts may be deactivated due to prolonged inactivity as determined by Outdoor Nigeria or Evince.
We may suspend or terminate your accounts or cease providing you with all or part of the Services, including commercial proceeds of listing or using such Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Evince or Outdoor Nigeria Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Disclaimers and Limitations of Liability
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Outdoor Nigeria and its owner company Evince Nigeria Limited, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors, ("Evince Stakeholders") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Evince Stakeholders make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Evince Stakeholders or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Evince Stakeholders are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Evince Stakeholders, you bear sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Evince Stakeholders SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Evince Stakeholders EXCEED THE GREATER OF Twenty thousand Naira (N20,000) OR THE AMOUNT YOU PAID Evince or Outdoor Nigeria, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Evince Stakeholders HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Outdoor Nigeria is a brand name and product of Evince Nigeria Limited and any agreement between you and Outddoor Nigeria is between you and Evince Nigeria Limited.