Terms and Conditions
Version date: 1st December 2019
By accessing this Website you agree to the Terms and Conditions (terms of service) that appear below.
1. Introduction and definitions
The services offered by YOA Direct Limited (hereinafter referred to as the ‘’Provider’’), through the Website include features, Content, or applications offered or made available from time to time by Provider and/or its licensors in connection with the Website (collectively, the “Services”).
Provider and Users and Members may be referred to as Parties
“Websites” means the websites and mobile internet sites (including their constituent pages) with their home pages.
5.2 Provider reserves the right, in its sole discretion, to reject or refuse to post any Content and to remove any Content (including private messages) from the Website, whether or not the Content is expressly prohibited by this Agreement. Provider also reserves the right to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, or cause, with or without prior notice, and without incurring liability howsoever. Clauses 10 – 27 of this Agreement will remain in effect after membership is terminated.
10.2 You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.
10.3 The Website and/or the Services contain Content owned by Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Provider Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Website and using the Services.
10.4 The Website and the Services contain content owned by Users and other licensors to Provider (“Third Party Content”). Except for Content posted by you, you may not, unless and to the extent otherwise specifically authorised by Provider, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display content from the Website or the Services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for your personal non-commercial use.
11 E-mail Policy
11.1 Provider is under no obligation and will not respond, to any electronic mail (“e-mail”) received, (unless required to do so by law), which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we deem fit in respect of such material.
11.2 All e-mails received will be deemed submitted where appropriate, for publication, free of charge.
11.3 Provider will not disclose any personal information under any circumstances of any staff of YOA Direct Limited. Where appropriate Provider will endeavour to respond to e-mails within 3 days of receipt, but Provider cannot and does not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately. For story tip-offs and feedback please email email@example.com
12 Content Posted
12.1 Provider may delete, or in pre-moderated areas of the Website refrain from posting any Content that in the opinion of Provider violates this Agreement breaches any relevant house rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of Content on the Website which is moderated before posting, Provider assumes no responsibility for monitoring the Website or the Services for inappropriate Content or conduct. If at any time Provider chooses, in its sole discretion, to monitor the Website or the Services, except as required by law or regulation, Provider nonetheless assumes no responsibility for the Content (other than Provider Content), no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
12.2 You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Provider. Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
13 Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Website or the Services. Provider reserves the right to investigate and take action against any User who, in the opinion of Provider, violates this provision and/or Agreement, including without limitation, refuses to remove the offending communication from the Website or the Services, prevents access to the Website and the Services and/or terminate the Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content includes, but is not limited to Content that, in the opinion of Provider:
13.1 is offensive;
13.2 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
13.3 harasses or advocates harassment of another person;
13.4 exploits people in a sexual or violent manner;
13.5 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
13.6 solicits personal information from anyone under 18;
13.7 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
13.8 provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
13.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
13.10 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
13.11 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
13.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
13.13 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
13.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
13.15 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Provider reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of Provider, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
13.16 criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
13.17 advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior consent.
14.18 covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
13.19 any automated use of the system, such as using scripts to perform automated operations;
13.20 interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
13.21 attempting to impersonate another Member or person;
13.22 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
13.23 selling or otherwise transferring your profile;
13.24 using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
13.25 displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website of the Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
13.26 using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
13.27 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
13.28 making available or uploading files that contain software or other material, data or information not owned or licenced to you or collecting information about others (e.g. names/addresses) without their prior consent;
13.29 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
13.30 falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
13.31 Obtaining or attempting to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our or any of our partners’ networks which are identified as restricted.
14 Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Provider prohibits use of the Website and/or the Services by any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via the “Report inappropriate content” link accompanying the Content in question. We will take such action (if necessary) that we in our absolute discretion deem appropriate.
15 Member Disputes
You are solely responsible for your interactions with other Users. Provider reserves the right, but has no obligation, to monitor disputes between you and other Users.
Provider is not responsible for any incorrect or inaccurate content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Members on the Website or the Services may contain links to other websites although we are not responsible for any User generated links or linked-to content. Provider is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Provider. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided “as -is ” and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the Content. In particular Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
18 Choice of law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with Nigerian Law and you irrevocably agree that the courts of Nigeria shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Sun is a trademark of Provider. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
21 Competitions and Prize Draws
We may from time to time run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions that will govern the competitions.
22 Additional Services
From time to time we may provide games or other Content for your downloading. However, the download time may vary considerably between the types of Content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
23 Advertising and Sponsorship
You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by applicable law and any court having competent jurisdiction, the validity of the remaining terms will be unaffected. If either Party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
25.1 Provider may terminate the provision of the Website or the Services or restrict your access to without prior notice where (without limitation): (1) there is a regulatory or statutory change limiting Provider’s ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (events including but not limited to:, technical difficulties, capacity problems and communications failures); or (3) When Provider considers in its sole discretion that the Services or Website are mutually or respectively abused in accordance with the provisions of this Agreement, or User and/or Member is otherwise acting in breach of the Agreement.
25.2 As this is shared services with other Users, you agree that if the demand for the Services provided by the Website is in excess of our ability to meet the capacity, Provider may either share the capacity among all Users or may give you notice by e-mail that the provision of the Website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.
This Website is provided by YOA Direct Limited (“Provider”) whose business office is at 27, Commercial Avenue, Sabo, Lagos, Nigeria.
Please direct your enquiries or questions to Provider at: firstname.lastname@example.org