WEB SITE USE AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and The
Christian Broadcasting Network, South Africa, Unit 1l, 22 Bell Crescent Westlake
Business Park, Westlake, Cape Town, 7945, (“CBN Nigeria”) with a principal place of
business at Use of the CBN Nigeria Internet Web site (the “CBN Nigeria Web Site”) signifies
your agreement to the terms and conditions of use set forth below in the
Agreement:
Acceptance
(1) You acknowledge that you have read the terms and conditions of use and that
you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS CBN Nigeria WEB SITE. If you do not agree to
these terms and conditions of use, you may not access or otherwise use the CBN Nigeria
Web Site
Use of Information; Privacy Policy
(2) CBN Nigeria may monitor your use of the CBN Nigeria Web Site, and may freely use and
disclose with or without attribution any information and materials received from you
or collected through your use of the CBN Nigeria Web Site for any lawful reason or
purpose. However, personal information other than what you may disclose by
posting messages and other forms of public communications to the CBN Nigeria Web Site,
shall be handled in accordance with the CBN Nigeria’s Privacy Policy.
Modification of Agreement
(3) CBN Nigeria reserves the right, at its sole discretion, to change, modify, add or remove
any portion of this Agreement, including without limitation the Privacy Policy, in
whole or in part, at any time. Such changes will be posted on the CBN Nigeria Web Site.
You agree that your continued use of the CBN Nigeria Web Site shall constitute your
unconditional acceptance of any such changes, modifications, additions or removals,
of or to this Agreement
Copyright
(4) The CBN Nigeria Web Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions, and other
copyright laws. The contents of the CBN Nigeria Web Site, including, without limitations,
text, comments, messages, video, graphics, interactive features, and all other
materials contained thereon (“Content”), are provided AS IS, only for your
information and personal, non-commercial use. All Content contained on the CBN Nigeria
Web Site is protected by copyright, and are owned or controlled by CBN Nigeria or the
party credited as the provider of the Content. You will abide by any and all additional
copyright notices, information, or restrictions contained in any Content on the CBN
SA Web Site. You may download and make one (1) copy of the Content and other
downloadable items displayed on this CBN Nigeria Web Site for personal, noncommercial
use only, provided that you maintain all copyright and other notices contained in
such Content. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited, and Content may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or
otherwise exploited for any other purposes whatsoever, without the prior written
permission from CBN Nigeria or the copyright holder identified in the individual Content’s
copyright notice
Registration
(5) In order to register as a user (“User” or “Users”) with CBN Nigeria, you must be at
least eighteen (18) years old [at least thirteen (13) years old for Superbook Kids).
Your eligibility to register is automatically void where prohibited by law. You affirm
that all information you provide in registering with CBN Nigeria is true and complete.
Commercial businesses may not register with the CBN Nigeria Web Site unless they are
pre-approved by CBN Nigeria. Your registration will take effect upon acceptance of your
registration form by CBN Nigeria. Other terms and conditions may apply to your
registration as posted from time-to-time on the CBN Nigeria Web Site. You may terminate
your registration at any time, for any reason by following the instructions on the Manage Your Account page of the CBN Nigeria Web Site. CBN Nigeria reserves the right to reject and to terminate your registration and use of the CBN Nigeria Web Site at any time, for any reason without notice to you. CBN Nigeria also reserves the right to provide notices and alerts to users from time to time about use of the website and information on feature updates and changes.
Rights To User Submitted Content / “Communications”
(6) By posting messages, uploading files, inputting data or engaging in any other form
of communication (individually or collectively “Communications”) to the CBN Nigeria Web
Site, you hereby grant to CBN Nigeria a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit, incorporate into any
works, and otherwise exploit such Communications, in all media (photos, videos,
audio files, text and other materials) now known or hereafter developed whether as
a part of CBN Nigeria.com or otherwise including but not limited to social media. You
hereby waive all rights to any claim against CBN Nigeria for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral rights,
and rights of attribution in connection with such Communications. You acknowledge
and agree that transmission to and from the CBN Nigeria Web Site are not confidential
and your Communications may be read or intercepted by others. You acknowledge
that by submitting Communications to CBN Nigeria, no confidential, fiduciary,
contractually implied or other relationship is created between you and CBN Nigeria other
than pursuant to this Agreement. You acknowledge and agree that (i) CBN Nigeria has no
obligation to use or respond to any Communications; (ii) CBN Nigeria does not and shall
not have any obligation to preview or review any Communications; (iii) CBN Nigeria does
not assure the accuracy or quality of Communications, or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the CBN Nigeria
Web Site; (iv) CBN Nigeria may monitor any or all Communications in its sole discretion;
(v) CBN Nigeria may remove any Communications, in whole or in part, from the CBN Nigeria
Web Site; and (vi) CBN Nigeria may exclude any person from further use of the CBN Nigeria
Web Site.
The responsibility for Communications is that of the persons transmitting same to
the CBN Nigeria Web Site. CBN Nigeria disclaims any responsibility for any inappropriate
statements or material or any incorrect information contained in any
Communications.
You represent and warrant that: (a) you have all rights in and to your
Communications (whether through ownership or licenses, consents, and permissions
from the owner) required for (i) you to lawfully submit your Communications to the
CBN Nigeria Web Site and grant the rights to your Communications provided in this
Agreement, and (ii) your Communications to be posted and transmitted to and
through the CBN Nigeria Web Site, for the purposes authorized under this Agreement; (b)
you have all required licenses, consents, releases and/or permissions to use the
name and/or likeness of each identifiable individual person in your Communications
in the manner authorized under this Agreement, and (c) the posting and
transmission of your Communications on and through the CBN Nigeria Web Site for the
purposes authorized under this Agreement do not violate the privacy rights, publicity
rights, copyrights, patents, trademarks, contract rights or any other rights of any
person or entity, or violate any law, rule, regulation or order.
Use of Web Site; Non-Commercial Use
(7) The CBN Nigeria Web Site is meant for personal use only and may not be used in
connection with any commercial activities or endeavors or the sale of any services or
products without our express prior written approval, which may be withheld for any
reason
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling,
advertising, barter or pyramid schemes on or through the CBN Nigeria Web Site; (b)
solicit personal identifying information for commercial or unlawful purposes from
other Users; (c) transmit any form of chain letters, spam or junk email to other Users;
(d) use any information obtained from or through the CBN Nigeria Web Site (i) to abuse,
harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior
written approval, to advertise to, contact for commercial purposes, solicit, or sell to
any other User; (e) use the CBN Nigeria Web Site for, or conduct on or through the CBN
SA Web Site, any illegal and/or unauthorized activities; or (f) establish any
unauthorized framing of or linking to the CBN Nigeria Web Site.
CBN Nigeria reserves the right to restrict the number of emails which a User may send to
other Users in any twenty four (24) hour period to a number which CBN Nigeria deems
appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through the CBN Nigeria Website you acknowledge that you will have caused substantial harm to CBN Nigeria and/or the CBN Nigeria Web Site that will be difficult, if not impossible, to ascertain, entitling
CBN Nigeria to seek an injunction from a court of competent jurisdiction, prohibiting any
such improper or unauthorized acts, in addition to such other rights and remedies as
may be available to CBN Nigeria.
While the CBN Nigeria assumes no responsibility for monitoring the CBN Nigeria Web Site, it
will, when it deems it appropriate, investigate activity in connection with the CBN Nigeria
Web Site that CBN Nigeria believes may be illegal, unauthorized or a breach of the terms
of this Agreement. If deemed appropriate by CBN Nigeria, it will initiate appropriate legal
action with respect to such activities, including without limitation, criminal, civil and
injunctive redress. CBN Nigeria reserves the right to restrict your activity on, and/or block
your access to, the Site any time for any reason without notice to you
Disputes Between Users
(8) The resolution of disputes that may arise between Users is the sole responsibility
of the Users, and CBN Nigeria has no liability or obligation with respect to any such
disputes
Trademarks
(9) “CBN Nigeria” and the “CBN Nigeria” logo are registered trademarks and/or service marks
of CBN Nigeria. All other trademarks, service marks and logos used on the CBN Nigeria Web
Site are owned by CBN Nigeria or used with permission of their respective owners.
Changes to CBN Nigeria Web Site
(10) CBN Nigeria may change, suspend or discontinue any aspect of the CBN Nigeria Web Site
at any time, including the availability of any CBN Nigeria Web Site feature, database, or
Content. CBN Nigeria may also impose limits on certain features and services or restrict
your access to parts or all of the CBN Nigeria Web Site without notice or liability
Representations
(11) You represent, warrant and covenant that: (a) you will not upload, post, submit
or transmit to or distribute or otherwise publish through the CBN Nigeria Web Site any
materials which (i) restrict or inhibit any other User from using and enjoying the CBN
SA Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting,
obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or
indecent, (iii) constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or
infringe the rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus
or other codes, files or programs that are designed to disrupt, eradicate or limit the
functions or operations of any computer software or hardware, or other electronic
equipment, (vi) contain any information, software or other material of a commercial
nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or
misleading indications of origin or statements of fact; and (b) you are at least
thirteen (13) years old or have the consent of your parent or guardian.
Copyright Infringement Complaints
(12) If you are a copyright owner or an agent thereof and believe any
Communications or other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act by providing our
Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for
further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(c) 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 the service provider to locate the
material;
(d) Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement 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
(f) 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 owner of an exclusive right
that is allegedly infringed.
CBN Nigeria’s designated Copyright Agent to receive notifications of claimed infringement
is: The Christian Broadcasting Network, South Africa , Unit 1, 22 Bell Crescent
Westlake Business Park, Westlake, Cape Town, 7945, admin@cbnnigeria.org, Landline
number: +27 21 701 1776
Indemnity
(13) You hereby agree to indemnify, defend and hold CBN Nigeria, its subsidiaries and
affiliates, and their respective officers, directors, agents, employees, information
providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless
from and against any and all claims, actions, damages, liabilities and costs (including,
without limitation, attorneys’ fees and court costs) incurred by the Indemnified
Parties in connection with or arising out of any breach by you of the Agreement or
the foregoing representations, warranties and covenants. You shall cooperate as fully
as reasonably required in the defense of any claim. CBN Nigeria reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any matter
without the written consent of CBN Nigeria.
Web Links
(14) The CBN Nigeria Web Site contains links and pointers to the other related World
Wide Web Internet sites, resources, and sponsors of the CBN Nigeria Web Site. Links to
and from CBN Nigeria Web Site to other third party sites, maintained by third parties, do
not constitute an endorsement by CBN Nigeria or any of its subsidiaries or affiliates of any
third party resources, or their contents. CBN Nigeria disclaims any and all responsibility
for content contained in any third party materials provided through links from the
CBN Nigeria Web Site
Disclaimer of Warranties
(15) THE CBN Nigeria WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE
CBN Nigeria WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, CBN Nigeria AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE CBN Nigeria
WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY
THE SOFTWARE USED ON OR ACCESSED THROUGH THE CBN Nigeria WEB SITE, FOR ANY
PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE CBN Nigeria WEB SITE OR ANY LINKED SITE. FURTHER, CBN
SA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CBN Nigeria DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE CBN Nigeria WEB SITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CBN Nigeria WEB SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. CBN Nigeria AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE
FOR THE USE OF THE CBN Nigeria WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN
Limitation of Liability
(16) CBN Nigeria, ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY
WAY TO THE CBN Nigeria WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR
INFORMATION CONTAINED WITHIN THE CBN Nigeria WEB SITE, EVEN IF CBN Nigeria KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE CBN Nigeria WEB SITE AND/OR SITE-RELATED
SERVICES IS TO STOP USING THE CBN Nigeria WEB SITE AND/OR THOSE SERVICES.
Choice of Law; Jurisdiction
(17) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF SOUTH AFRICA
Miscellaneous
(18) This Agreement constitutes the entire agreement between CBN Nigeria and you with
respect to your use of the CBN Nigeria Web Site. Any cause of action you may have with
respect to your use of the CBN Nigeria Web Site must be commenced within one (1) year
after the claim or cause of action arises, or else is irrevocably waived. Paragraph
headings are for reference only and do not in any way define or limit the scope or
meaning of such paragraph. If CBN Nigeria fails to take action concerning any breach by
you of this Agreement, you agree that any such failure to act does not waive CBN
SA’s right to take action concerning any subsequent or similar breach. If for any
reason a court of competent jurisdiction finds any provision of the Agreement, or
portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect
(19) Terms of Use pertaining to Podcasts and CBN Nigeria’s Downloadable Services are
contained in the < CBN Nigeria Podcasts/Downloadable Services Terms of Use >
