TERMS AND CONDITIONS YOU AGREE TO WHEN YOU USE PLAQAD
The following constitutes the PLAQAD Terms and conditions of use (“Agreement”). It is legally binding and applies to your use of PLAQAD under these PLAQAD terms and conditions, any rights and licenses granted hereunder to users of the service, may not be transferred or assigned by the user, but may be assigned or transferred by PLAQAD without any restriction whatsoever.
Plaqad is a social network connecting brands and individuals to bloggers, news websites, publishers and social influencers (micro-bloggers).
Plaqad allows users organize or participate in content trading and publicity placement on listed blogs, websites, and social media services around the world.
It is designed for individuals and organisations that want to get word out about their products, services and ideas, and for publishers or platform owners who want to earn more revenue.
(i) This Agreement constitutes legally binding terms which binds every user or visitor to PLAQAD regardless of the type of device used to access the products, software, data feeds and services provided. By using and/or accessing this service, you signify your agreement to be bound by these terms and conditions whether as a “Visitor” (which means that you simply browse PLAQAD) or you are a member (which means that you have registered with PLAQAD). You are authorised to use PLAQAD regardless of whether your access or use is intended, only if you agree to abide by all applicable laws, rules and regulations, and the terms and conditions of this Agreement. If you do not agree to any of these terms and conditions, please do not use PLAQAD.
(ii) PLAQAD, may in its sole discretion, modify or revise these terms and conditions of service and polices at any time, and although we may attempt to notify you of major changes to these terms and conditions of PLAQAD, you should periodically review the most up to date version on the website as your continued use PLAQAD constitutes your agreement to be bound by such modifications or revisions. Nothing in these Terms and Conditions of service shall be deemed to confer any third party rights or benefits.
(i) These terms of service includes all users of PLAQAD, this includes users who are also contributors of content on the service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view/listen to, access through, or contribute to the Service. The Service includes all aspects of PLAQAD, including but not limited to all products, software and services offered via the PLAQAD website, such as the PLAQAD channels, the PLAQAD “Embeddable Player,” the PLAQAD “Uploader” and other PLAQAD applications.
(ii) For all contents covered by intellectual property rights which the user shares, posts on PLAQAD, like photos, music audio and videos (IP Content), you specifically grant PLAQAD a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use the IP content. This IP license ends when you delete your IP content or your PLAQAD account unless your content has been shared with others, and they have not deleted it.
(iii) The PLAQAD service may contain links to third party websites that are not owned or controlled by PLAQAD. By using these third party services, you expressly relieve PLAQAD from all liability arising from your use of any third party websites as PLAQAD has no control over them, and assumes no responsibility for, the content, privacy, policies, or practices of any third-party website. PLAQAD, will not and cannot censor or edit any and all liability from your use of any of third-party website.
- PLAQAD ACCOUNTS
Although visitors to the PLAQAD site would not need a registered account to access its features, a registered account will be necessary in order to access some features of the service.
(i) You will not provide false personal information when registering an account on PLAQAD and must ensure that your contact information provided is accurate and up to date.
(ii) You will not create an account for anyone else other than yourself without their permission and you may never use another’s account without their permission.
(iii) You will not use PLAQAD if your are under 13 years
(iv) You will not create more than one personal account.
(v) If PLAQAD disables your account, you are not allowed to create another one without our permission.
(vi) You will not transfer your PLAQAD account to anyone else without our prior written consent.
(vii) You are solely responsible for the activity that occurs on your account, and you must keep your account password secure at all times. You must notify PLAQAD immediately of any breach of security or unauthorised use of your account. Please note that although PLAQAD will not be liable for your losses caused by unauthorised use of your registered account, you may be liable for the losses of PLAQAD or others due to such unauthorized use.
- PERMISSIONS & RESTRICTIONS ON THE PLAQAD SERVICE
PLAQAD hereby grants you permission to access and use the service as set forth in the below listed terms and conditions, provided;
(i) That you agree not to alter or modify any part of the service
(ii) That you agree not to distribute any part or content of the service in any medium whatsoever without first obtaining the prior written authorisation of PLAQAD, except PLAQAD makes available the means for such distribution through functionality (such as embeddable player or social sharing tools).
(iii) That you agree not to access content on the service through any means other than those explicitly authorised or designated by the service.
(iv) That you agree not to use the service for any of the below listed commercial purposes except you obtain the prior written approval of PLAQAD;
- The sale of advertising, sponsorships, or promotions placed on or within the service or content;
- The sale of access to the service;
(v) Prohibited commercial use of PLAQAD does not include;
- Uploading an original comtent to PLAQAD;
- Any use that PLAQAD authorises in writing.
(vi) If you use the PLAQAD embedded features on your website, you are not allowed to modify, build upon, or block any portion of functionality including but not limited to links that lead back to the PLAQAD website.
(vii) As you use PLAQAD, you agree to comply with all applicable laws.
(viii) As you use the PLAQAD uploader, you agree that it may from time to time download and install updates from PLAQAD. As you use this service, you agree to receive as part of your use of the PLAQAD uploader such updates which are designated to improve, enhance and further develop the uploader.
(ix) PLAQAD reserves the right to discontinue any aspect of the service at any time.
- YOUR USE OF CONTENT ON THE PLAQAD SERVICE
The below listed terms and conditions apply specifically to your use of content on PLAQAD in addition to the general terms and conditions on content use above;
(i) The content on the service and the trademarks, including service marks and logos on PLAQAD, are owned by PLAQAD, subject to copyright and all other intellectual property rights under the law.
(ii) You are allowed to access content for your information and personal use solely as intended through the functionality of the service and as permitted under these terms and conditions.
(iii) You shall not download any content unless you see a “download” or similar link displayed by PLAQAD on the service for that content.
(iv) You shall not copy, reproduce, distribute, transmit, broadcast, display, license, sell or otherwise exploit any content for any other purposes without the prior written consent of PLAQAD or the respective license owners of the content.
- SHARING OF CONTENT AND CONDUCT ON THE PLAQAD SERVICE
You own all of the content and information you post on PLAQAD and you can control how it is shared and in addition to the general terms and conditions above, the following listed below apply specifically to your use of content on PLAQAD;
(i) You retain all your ownership rights in your content, however by submitting the content to PLAQAD, you hereby agree to specifically grant PLAQAD the non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to publish, distribute, promote, review and display (intellectual property content like music audio and video) in connection with PLAQAD and PLAQAD’s (and its successors’ and affiliates) business, including without limitation for promoting and redistributing part or all of the service and derivative works thereof in any media formats and through any media channels.
(ii) You agree to hereby grant each user of PLAQAD a non-exclusive license to access your content through the service, and to publish, distribute, promote, review and display such content as permitted through the functionality of the website/service and under these terms and conditions of service.
(iii) You agree that the licenses granted by you in either audio or video content to PLAQAD will terminate within a commercially reasonable time after you remove or delete them from the service.
(iv) You agree that after termination, PLAQAD may retain but not display, distribute, promote or perform server copies of either your audio or video content that may have been removed or deleted. Please note that license in content granted in the form of user comments or opinions submitted on the service are perpetual and irrevocable.
(v) You agree not to circumvent, disable or otherwise interfere with the security related features of the service that prevent copying of content.
(vi) You agree that PLAQAD is not responsible for the accuracy, usefulness, safety or intellectual property rights relating to content that a user of the service may be exposed to from a variety of other sources when using PLAQAD.
(vii) You hereby agree to waive, and hereby do waive any legal or equitable rights or remedies you may have against PLAQAD with respect to inaccurate, offensive, indecent or objectionable content you may be exposed to as you use PLAQAD to the extent permitted by applicable laws
(viii) You agree to indemnify and hold harmless PLAQAD, its owners, operators, affiliates, licensors and licensees to the fullest extent allowed by the law regarding all matters related to your use of the service.
(ix) PLAQAD does not in any way guarantee confidentiality with respect to any content including music audio or videos and user comments you submit to the service.
(x) As an PLAQAD user, you are solely responsible for your own content and the subsequent consequences of submitting and publishing your content on the service.
(xi) As an PLAQAD user, you herby affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit to the service and you hereby license to PLAQAD all patent, trademarks, trade secret, copyright or other proprietary rights in and to such content for publication on the PLAQAD service pursuant to these terms and conditions.
(xii) You agree that content you submit on PLAQAD will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the content and to grant PLAQAD all the license right granted therein.
(xiii) You agree that you will not submit any content or other material contrary to applicable local, national or international laws and regulations.
(xiv) PLAQAD does not permit copyright infringing activities and infringement of intellectual property rights on the service and PLAQAD reserves the right to remove any such content without prior notice if properly notified that such content infringes on another’s intellectual property rights.
- PLAQAD ACCOUNT TERMINATION POLICY
(i) PLAQAD reserves the right to determine whether any audio or video content posted on the service violates these terms and conditions of service for reasons other than copyright infringement, such as, but not limited to obscenity and pornography. PLAQAD, may at any time remove such content and/or terminate without prior notice and at any time and at its own discretion such users account.
(ii) PLAQAD will not hesitate to terminate a user’s access to the service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- COPYRIGHT INFRINGEMENT
PLAQAD is committed to helping people and organisations protect their intellectual property rights and would not hesitate to help protect them. PLAQAD does not allow posting content that violates someone else’s intellectual property rights, including copyright, patent and trademark. We advise the below steps are taken if you think your rights have been infringed upon;
(i) If you are a copyright owner or an agent and believe that any content posted here on PLAQAD infringes upon your copyrights, you may submit a notification pursuant to the “Digital Millennium Copyright Act” (DMCA) by sending details of the complaint in writing to firstname.lastname@example.org
(ii) You can send a counter notice to PLAQAD if you believe your submitted content was not infringing or that you have the authorisation from the copyright owner, the copyright owner’s agent or pursuant to the law had the right to post or use the material in your content to email@example.com with details proving this assertion.
YOU AGREE THAT YOUR USE OF PLAQAD IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY THE LAW. PLAQAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREFOF. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE SERVICE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. PLAQAD WILL AT NO TIME BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SERVICE. THROUGH THIS SERVICE, YOU ARE ABLE TO LINK TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF PLAQAD. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSEMENT OF THE VIEWS EXPRESSED WITHIN THEM. YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. PLAQAD WILL MAKE EVERY EFFORT TO KEEP THE SERVICE UP AND RUNNING SMOOTHLY. HOWEVER, PLAQAD WILL TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.
- LIMITATION OF LIABILITY
PLAQAD IS NOT LIABLE IN ANY MANNER WHATSOEVER FOR USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS AND CONDITIONS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SERVICE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON THIS SERVICE OR IN CONNECTION OF YOUR USE OF THIS SERVICE AND TO THE FULLEST EXTENT PERMITTED BY THE LAWS IN THE APPLICABLE JURISDICTION, PLAQAD ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS EXCLUDE AND DISCLAIM LIABILITY FOR LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA,LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH CONTENT AVAILABLE ON PLAQAD. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP, AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEDGED LIABILITY IS BASED ON CONTARCT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THIS SERVICE IS CONTROLLED AND OFFERED BY PLAQAD FROM ITS FACILITIES BASED IN NIGERIA, WEST AFRICA. THOSE WHO ACCESS THE SERVICE FROM OTHER JURISDICTIONS, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLAINCE WITH APPLICABLE LOCAL LAWS AS PLAQAD MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
This defense and indemnification clause will survive these terms and conditions of service and your use of the service. You agree to defend, indemnify and hold harmless PLAQAD, its parent corporation, officers, directors, employees and agents to the extent permitted by the applicable law from and against any and all claims, damages, obligations, losses, liabilities, costs of debt, and expenses including but not limited to legal fees arising from;
(i) Your use and access to PLAQAD;
(ii) Your violation of any of these terms and conditions;
(iii) Your infringement of any intellectual property rights, including but not limited to your violation of any third party rights, copyright, property, or privacy right;
(iv) Any claim that your content caused damage to a third party.
(i) You hereby affirm that you are 13 years of age or more. If you are under the age of 13, then please do not use this service.
(ii) These terms and conditions of service shall be interpreted, construed and governed in accordance with the laws of the Federal Republic of Nigeria. Any claim or dispute between you and PLAQAD that arises in whole or in part from the service shall be decided exclusively by a court of competent jurisdiction located in Lagos State, Nigeria.
(iii) These terms and conditions of PLAQAD and any other legal notices published by PLAQAD on the service, shall constitute the entire agreement between you and PLAQAD on the service. If any of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect
(iv) No waiver of any of these terms and conditions of service shall be deemed a further or continuing waiver of such term or any other term and condition, and PLAQAD’s failure to assert any right or provision under these terms and conditions of service shall not constitute a waiver of such right or provision.
(v) PLAQAD reserves the right to amend these terms and conditions of service at any time without notice, and it is the users responsibility to review these terms and conditions for any changes. Your use of PLAQAD after any amendment of these terms and conditions will signify your acceptance of its revised terms and conditions of service
(vi) You hereby agree that, any cause of action arising out of or related to your use of PLAQAD must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action becomes permanently barred.