HOW OUR SERVICE WORKS
Adure Media provides users with access to a rich collection of video and radio resources related entertainment, current affairs, news and news analysis (the “Content”). Some of our Content requires users to be registered and other Content may require users to pay a fee which could be billed either in regular increments (e.g. monthly or yearly) or on a pay-per-use basis.
You understand and agree that the Service may include certain communications from Adure Media, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided “AS-IS” and that Adure Media assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
In addition to the aforementioned Adure Media’s website may contain hyper-links to third party sites. Adure Media is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. The Users access those sites and use their products and services solely at their own risk
REGISTRATION OF YOUR ACCOUNT
In order to gain access to portions of the Services, you may be required to become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. You will be informed prior to you registering for all mandatory fees that will be levied for the use of certain services. Your access to these services will be dependent upon all fees being paid up front. Adure Media reserves the right to refuse you from registering and becoming a member or terminating your registration should it deem it necessary for any reason what so ever. You will have no right to any refund or re-imbursement for any fees already paid for use of these services.
PAID SUBSCRIPTION SERVICE
In addition to the registration of your user account as stated above, you may also be invited to subscribe to certain services on the Adure Media site. The subscription offered herein is for the Paid Service bouquet that will be offered to all registered users of the Adure Media site at a fee.
The period and nature of the service to which you will be granted access will be dependent on the package you choose.
Payment terms are set out under the PAYMENT CLAUSE below.
USER GENERATED MATERIAL AND USER CONDUCT
The Adure Media site is a dynamic website that contains interactive features. In addition to gaining access to the site, users will also be able to post or upload comments or user-generated content such as video, photos, messages, other materials or items (this will be referred to as “User Generated material”). You are solely responsible for your use of any Interactive features and you use them completely at your own risk.
You further agree to be bound to the following conditions in regard to the manner of your conduct during your access and use of Adure Media.
- The user with the inclusion of but not the limitation of agrees that they will not transmit submissions to the Adure Media site that:
- Use any of the forums for illegal purposes;
- Are for purpose of spamming;
iii. Restrict or inhibit any other user from using and enjoying the forums;
- Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law, or engage in activity that would constitute a criminal offense or give rise to a civil liability;
- Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the Adure Media site through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to Adure Media that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
- Contain viruses or other harmful content;
vii. Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Adure Media or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Adure Media grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on an agreed limited number of computers or other compatible device such as a smart phone or tablet; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Adure Media for use in accessing the Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
DISCLAIMER IN REGARD TO THE OF INFORMATION WE PROVIDE
The information we provide on the Adure Media website is supplied by Adure Media primarily as a broadcaster. Adure Media is a content provider and not a publisher of the information.
The content available on Adure Media may be provided by various information providers. Adure Media neither endorses nor is responsible for the accuracy or reliability of any information, opinion, advice or statement that is conveyed on Adure Media.
The information and opinions contained herein are not advice to buy or sell any products. Accuracy and completeness of data and opinions are not guaranteed.
Adure Media, its owners, subsidiaries, its other affiliates, or any of their respective employees, agents, third part content providers, licensors, information providers or content partners is not liable regardless of the course or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of the information contained within Adure Media, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the abovementioned Parties shall be liable for any third-party claims or losses arising therefrom or occasioned thereby. None of the above mentioned 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 Adure Media, its owners subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers, licensors, 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.
DISCLAIMER OF WARRANTY: LIMITATION OF LIABILITY
In no event will Adure Media, its owners, subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors or any person or entity involved in creating, producing or distributing Adure Media or the Adure Media software, be liable for any damages, including, without limitation, direct, indirect, incidental, special consequential or punitive damages arising out of the use or inability to use Adure Media.
Adure Media disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing Adure Media, you acknowledge and agree to Adure Media’s disclaimer of any such liability. If you do not agree, you should not access or use Adure Media.
Adure Media and its owners, affiliates, suppliers, agents and sponsors do not warrant and accept no liability that your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Adure Media and its owners, affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and Your reliance thereon. No opinion, advice, or statement of Adure Media or its owners, affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk. Adure Media and its owners, affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Adure Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Under no circumstances shall Adure Media be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to defend, indemnify and hold harmless Adure Media, 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 Adure Media by you or your Account.
TERMINATION AND CANCELLATION
Adure Media reserves the right to cancel your subscription to the Service at any stage should it deem necessary for any reason whatsoever.
Should this cancellation be for a security risk or any reason attributed to you or your use or the information supplied by you then Adure Media will not refund any fees already paid. This is not a waiver of any legal rights that Adure Media may in addition have, and may at its discretion pursue any further legal recourse that it may have against you.
You may cancel your subscription of the Service or choose to opt out from receiving the additional services at any time. You will not be entitled to a return of any fees that you have already paid, however no further fees will be levied to your account.
Adure Media reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, Adure Media will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.
ADURE MEDIA DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW
Adure Media may accept credit card and debit card payments as a means of payment for all fees, payments, subscriptions, or any other charges that it will levy for use or access to Adure Media’s services.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
Where The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership.
In the event a monthly membership began on a day not contained in a given month, we will bill your Payment on the last day of such month. For example, if you became a paying member on January 31st, your Payment would next be billed on February 28th. If you received a free trial, your Payment will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment unless you do not cancel prior to the end of your free trial period. All fees, taxes and charges are non-refundable. There will be no refunds or credits for partially used periods, unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by posting a notice by e-mail. If there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “edit payment options” button on the Homepage. If your Payment reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, Adure Media shall have the right to terminate or suspend your subscription and your access to the Subscription Service.
If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
You hereby consent to the jurisdiction of the High Courts in the Federal Republic of Nigeria in respect of any proceedings that may be initiated by Adure Media arising out of these terms, provided that Adure Media shall be entitled, in its sole discretion, to institute such proceedings in any of the High Courts in the Federal Republic of Nigeria and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
MODIFICATIONS TO THIS AGREEMENT
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