NAIJANEWSFLASH TERMS OF USE
Last Updated: June 27, 2011

You are subject to NaijaNewsFlash.com terms of use. The NaijaNewsFlash.com terms of use shall govern relating to any submission you make to NaijaNewsFlash Community.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING NAIJANEWSFLASH WEB PAGES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON NAIJANEWSFLASH WEB PAGES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS NAIJANEWSFLASH WEB PAGES.

1. Acceptance of Terms of Use

Welcome to NaijaNewsFlash, a user-generated/Social News Community powered by JIMsoft INC. NaijaNewsFlash provides various services subject to the following Terms of Use ("TOU" or "Terms of Use"). NaijaNewsFlash reserves the right to alter these Terms of Use without advance notice by posting revised Terms of Use. Accordingly, you should review these Terms of Use each time you access any NaijaNewsFlash Web pages to stay informed of any changes to the Terms of Use. If the Terms of Use have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of NaijaNewsFlash by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

2. General Terms of Use

NaijaNewsFlash is available for individuals aged 15 years or older. If you are under 15, please exit this website immediately. By using NaijaNewsFlash, you represent that you are 15 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and NaijaNewsFlash.

These TOU apply to all NaijaNewsFlash 's current and future Web pages, unless otherwise provided, including but not limited to, the following sites: http://www.naijanewsflash.com, http://www.naijanewsflash.net, http://www.naijanewsflash.co, http://www.naijanewsflash.org, http://www.naijanewsflash.mobi, http://www.naijanewsflash.info and http://www.naijanewsflash.biz. In addition, when using particular services provided by NaijaNewsFlash, you shall be subject to any additional posted Terms of Use, guidelines or rules applicable to such services. All such Terms of Use, guidelines or rules are hereby incorporated by reference into the TOU. The TOU incorporates the terms of the NAIJANEWSFLASH Privacy Policy. Please see our full privacy policy at: http://www.NaijaNewsFlash.com/privacy.htm .

For any portion of the NaijaNewsFlash Web pages that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

NaijaNewsFlash shall have the right at any time to change or discontinue any aspect or feature of NaijaNewsFlash, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Definitions

"Account" has the definition above.

" NaijaNewsFlash Web pages" mean, collectively, NaijaNewsFlash and its affiliate Web sites, present and any future sites, including but not limited to: http://www.naijanewsflash.com, http://www.naijanewsflash.net, http://www.naijanewsflash.co, http://www.naijanewsflash.org, http://www.naijanewsflash.mobi, http://www.naijanewsflash.info and http://www.naijanewsflash.biz and any and all digital services relating to NaijaNewsFlash operated by JIMsoft INC.

"You" means the user or visitor to NaijaNewsFlash.

"Privacy Policy" means NaijaNewsFlash 's current Privacy Policy, available at http://www.NaijaNewsFlash.com/privacy.htm .

"Terms of Use" means the current Terms of Use of service in effect as set forth herein or elsewhere on NaijaNewsFlash.

4. Changed Terms of Use

NaijaNewsFlash shall have the right at any time to change or modify the Terms of Use and conditions applicable to your use of NaijaNewsFlash, or any part thereof, including but not limited to the NaijaNewsFlash Privacy Policy, available at http://www.NaijaNewsFlash.com/privacy.htm or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting NaijaNewsFlash Web pages, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of NaijaNewsFlash by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. We recommend you bookmark this page and review it each time you use or access NaijaNewsFlash, noting the "Last Updated" information at the top of this page.

5. Submissions

By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to NaijaNewsFlash and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. Notwithstanding the foregoing, in the event NaijaNewsFlash licenses your material as stand-alone content outside of NaijaNewsFlash 's programming to third parties unaffiliated with NaijaNewsFlash, NaijaNewsFlash will pay you a percentage of the license fees it actually receives according to rates determined by NaijaNewsFlash 's licensing division. You agree and acknowledge that any materials you submit may be entered into the annual NaijaNewsFlash Reporting Awards.

Your submissions are deemed non-confidential and NaijaNewsFlash has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the NaijaNewsFlash Privacy Policy, available at http://www.NaijaNewsFlash.com/privacy.htm.

You represent and warrant to NaijaNewsFlash that you have the full legal right, power and authority to grant to NaijaNewsFlash the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. NaijaNewsFlash does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

Web site user submissions to NaijaNewsFlash do not represent the views of NaijaNewsFlash, JIMsoft, or any individual associated with NaijaNewsFlash or JIMsoft, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, NaijaNewsFlash 's endorsement of user submissions. NaijaNewsFlash does not vouch for the accuracy or credibility of any content submitted by users on our NaijaNewsFlash Web pages, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on NaijaNewsFlash. Through your use of NaijaNewsFlash, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using NaijaNewsFlash, you assume all associated risks.

6. Conduct on NaijaNewsFlash

(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with NaijaNewsFlash, you agree to abide by the following rules of conduct:

You agree not to post or transmit through NaijaNewsFlash any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
You agree not to post or transmit through NaijaNewsFlash any material that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
You agree not to post or transmit through NaijaNewsFlash any material that contains or advocates pornography, pedophilia, incest or bestiality;
You agree not to post or transmit through NaijaNewsFlash any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
You agree not to post or transmit through NaijaNewsFlash any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
You agree not to post or transmit through NaijaNewsFlash any vulgar or obscene language or images;
You agree not to post or transmit through NaijaNewsFlash, without NAIJANEWSFLASH's express prior approval, material which contains advertising or any solicitation with respect to products or services;
You agree not to post or transmit through NaijaNewsFlash, any software or other materials which contain a virus or other harmful or disruptive component;
You agree not to post or transmit through NaijaNewsFlash material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
You agree not to upload, post, or otherwise make available on NaijaNewsFlash Web pages any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by NAIJANEWSFLASH, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on NaijaNewsFlash's Web pages;
You agree not to impersonate any person or entity, including, but not limited to, any NAIJANEWSFLASH employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about NaijaNewsFlash users;
You agree not to interfere with or disrupt the NaijaNewsFlash Web pages or servers or networks connected to the Web pages, or disobey any requirements, procedures, policies or regulations of networks connected to the Web pages;
You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of NaijaNewsFlash's Web pages, use of the Web pages, or access to the Web pages;
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by NaijaNewsFlash; and

Any conduct that in NAIJANEWSFLASH's sole discretion restricts or inhibits anyone else from using or enjoying NaijaNewsFlash will not be permitted. NAIJANEWSFLASH reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. NAIJANEWSFLASH is not responsible for material submitted to NaijaNewsFlash or posted in chat rooms, on bulletin boards or on other forums by users of NaijaNewsFlash.

(B) The foregoing provisions of this Section 6 are for the benefit of NAIJANEWSFLASH, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Monitoring

NAIJANEWSFLASH shall have the right, but not the obligation, to monitor the content of NaijaNewsFlash, including online forums, to determine compliance with these Terms of Use. NAIJANEWSFLASH shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on NaijaNewsFlash. Without limiting the foregoing, NaijaNewsFlash shall have the right to remove any material that NAIJANEWSFLASH, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, NAIJANEWSFLASH may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. See NAIJANEWSFLASH Privacy Policy located at http://www.NaijaNewsFlash.com/privacy.htm.

The decision by NaijaNewsFlash to monitor and/or modify the content of NaijaNewsFlash does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of NaijaNewsFlash in connection with or arising from use by you of NaijaNewsFlash or participation in any online forums or interactive features of NaijaNewsFlash.

8. Third-Party Links, Sponsors and Frames

(A) NaijaNewsFlash may provide links to other World Wide Web sites or resources. Because NAIJANEWSFLASH has no control over such sites and resources, you acknowledge and agree that NAIJANEWSFLASH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NAIJANEWSFLASH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.

(B) NaijaNewsFlash may contain commercial images and/or links to sponsors of NaijaNewsFlash. NAIJANEWSFLASH is not responsible or liable for the content of those images and/or links.

(C) No third party may use framing technologies or functionalities to contain any content provided by NaijaNewsFlash, for purposes either commercial or non-commercial, without express prior and written consent from NAIJANEWSFLASH.

(D) No third party may provide links to any content within NaijaNewsFlash without the express prior written consent from NAIJANEWSFLASH.

9. Disclaimer of Warranty; Limitation of Liability

(A) You expressly agree that use of NaijaNewsFlash is at your sole risk. Neither NaijaNewsFlash, its affiliates nor any of their respective employees, or agents warrant that NaijaNewsFlash will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of NaijaNewsFlash, or as to the accuracy, reliability or content of any information, service, or merchandise provided through NaijaNewsFlash.

(B) NAIJANEWSFLASH IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NAIJANEWSFLASH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF NAIJANEWSFLASH OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL NAIJANEWSFLASH, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NAIJANEWSFLASH, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NAIJANEWSFLASH, NOR SHALL NAIJANEWSFLASH, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NAIJANEWSFLASH BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO NAIJANEWSFLASH, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON NAIJANEWSFLASH

(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER NAIJANEWSFLASH, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN NAIJANEWSFLASH, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER NAIJANEWSFLASH, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(F) NAIJANEWSFLASH disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing NaijaNewsFlash, you acknowledge and agree to NAIJANEWSFLASH's disclaimer of any such liability. If you do not agree, you should not access or use NaijaNewsFlash.

10. Termination

You agree that NAIJANEWSFLASH, in its sole discretion, may terminate your Account, password, and User Name and/or use of the NaijaNewsFlash Web pages, and may remove and discard any content within the NaijaNewsFlash Web pages, for any reason, including, without limitation, if NAIJANEWSFLASH believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the NaijaNewsFlash Web pages under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that NAIJANEWSFLASH may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the NaijaNewsFlash Web pages. Further, you agree that NAIJANEWSFLASH shall not be liable to you or any third-party for any termination of your access to the Web pages.

12. Indemnification

You agree to defend, indemnify and hold harmless NAIJANEWSFLASH, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of NaijaNewsFlash by you or your Account by you or any other person using the Account. NAIJANEWSFLASH reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide NAIJANEWSFLASH with such cooperation as is reasonably requested by NAIJANEWSFLASH.

13. Trademarks

"NaijaNewsFlash" and the NaijaNewsFlash logo, are service marks of NAIJANEWSFLASH. All rights reserved. All other trademarks, logos and service marks appearing on NaijaNewsFlash are the property of NAIJANEWSFLASH or their respective owners.

14. Miscellaneous

These Terms of Use and any operating rules for NaijaNewsFlash established by NAIJANEWSFLASH constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof.