Revised as of October 20th, 2015
PLEASE READ THESE TERMS & CONDITIONS ("TERMS & CONDITIONS") CAREFULLY BEFORE USING THE GBEDUHOUR WEBSITE OR ANY OF THE OTHER PLATFORM (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
GbeduHour Limited ("GbeduHour ", "we", "our" or "us"), provide access to the GbeduHour website, at the url www.GbeduHour.com and related urls (the "Website"), and all current and future services, software and data accessed via the Website, including the GbeduHour widgets and the GbeduHour API (the "Services"). The Website and the Services are referred to together in these Terms & Conditions as the "Platform". These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of GbeduHour (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions. Children under the age of 13 are not eligible to use the Website and must not attempt to register with GbeduHour and/or submit any personal information to us.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PLATFORM.
A. These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of GbeduHour (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.
B. Subject to the terms and conditions of these Terms and Conditions, GbeduHour makes certain Services available to Users. For the purposes of these Terms and Conditions: (a) "User" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) "Services" means those electronic or interactive services offered by GbeduHour. GbeduHour reserves the right to change or discontinue any of the Services at any time.
C. You may upload through the Services, content created by you or for which you have received express permission from the owner so that other users may view and download said content. You assume all risk and liability for the content you upload. You grant, transfer and assign to GbeduHour and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, edit, modify, create derivative works from, use, and archive (if applicable) the Content.
D. You, not GbeduHour, are solely responsible for the Content you upload and store on GbeduHour servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that GbeduHour reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates these Terms and Conditions, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
2. INTELLECTUAL PROPERTY OWNERSHIP AND LICENCE
You acknowledge that all materials (except Content uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software, to computer programs, source and object code, audio tunes, sounds, beats, rhythm, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities - collectively referred to as the "Content") are provided either by GbeduHour or by its respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by GbeduHour and/or its Third Party Providers. The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the GbeduHour Platform. Elements of the Website are protected by copyright and other laws and may not be copied or imitated in whole or in part. GbeduHour, the GbeduHour logo and other GbeduHour designs referenced herein are trademarks of GbeduHour, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners. Unless expressly granted in writing by GbeduHour, no rights in or to the Content except those expressly set forth within these Terms & Conditions are granted to you. The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from GbeduHour or the applicable intellectual property rights holder as identified on the Website. Subject to your strict compliance with these Terms & Conditions, GbeduHour grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to: (1) listen to music streamed from the Website (2) submit or upload music, images and other content to the Website strictly as permitted in accordance with these Terms & Conditions and any other terms posted on the Website; (3) embed GbeduHour widgets on your personal website, blog or social network profile pages for non-commercial and private use only; and 4. participate in the GbeduHour social features and communicate with other members of the GbeduHour community; You may not embed or otherwise exploit GbeduHour widgets for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains a GbeduHour widget). GbeduHour alone shall be responsible for determining, in its discretion, whether any use of a GbeduHour widget constitutes commercial use in each individual case. GbeduHour permits the uploading of Content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, GbeduHour does not guarantee any confidentiality with respect to any uploads. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions.
3. COPYRIGHTS AND COPYRIGHT AGENTS
GbeduHour aims to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the GbeduHour Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice ("Notice") which should include the following written information: 1. a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); 2. 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 Notice, a representative list of such works at that site; 3. 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 GbeduHour to locate the material (e.g. a URL and/or screen shot); 4. your full name, email address, postal address and telephone number on which you can be contacted; 5. a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; 6. a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and 7. a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed. GbeduHour's agent for notice of claims of copyright infringement on or regarding the Website can be reached via the contact section of the website. If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to GbeduHour.
4. AUTHORIZED USERS
User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.
5. RESPONSIBILITY FOR ACCESS
User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) under the User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of GbeduHour. The User is solely responsible for maintaining the confidentiality of User access information.
6. NOTIFICATION OF BREACH
User will immediately notify GbeduHour if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).
7. USER CONTENT
User has sole responsibility and liability for the Content its stores on GbeduHour servers. Through the Services, GbeduHour generates a link to User's Content, which User may then provide to third parties to allow them access to the Content. GbeduHour encourages User to archive its Content regularly and frequently; User bears full responsibility for archiving its Content and sole liability for any lost or irrecoverable Content. User agrees to maintain its Content in compliance with its legal obligations. GbeduHour will disable access to User Content upon termination of these Terms and Conditions. However, GbeduHour may retain User data in its archives after termination and will not be liable to User in any way for such retained data.
8. PROHIBITED ACTIVITIES
You may NOT use GbeduHour 's Service to:
A. Upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the Content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
B. Harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the Content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
C. Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
D. Upload any Content related to violence, scat or any other illegal Content. Uploading any of listed above files will get your account closed;
E. Upload any Content that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, pornography, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation;
F. Upload any Content, or commit any act which justifies civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress; or
G. Impersonate another living or dead person.
9. LICENSE TO USE OF CONTENT
A. Access to the streaming Content of GbeduHour is permissible for persons of age 13 and over, only for non-commercial use which includes home or apartment. Non commercial use excludes any public presentation which includes a public accommodation or other commercial establishments even if no fee is charged.
C. Any attempt to stream-capture, reproduce, transmit or re-transmit, re-license, commercialize, duplicate, distribute, download, upload, publish, translate, broadcast, GbeduHour content, is a gross violation of the terms herein unless otherwise with the express prior written legal documentary permission of GbeduHour.
E. Any direct or indirect attempt to link, associate, index and use of GbeduHour content including text, layout, interface, logos, photographs, audio, video, stills is prohibited. The consequent acquired, cognitive, imitative, inferential, plagiaristic, use of GbeduHour copyrighted material and priority trademarks and also GbeduHour content to advertise, promote, operate any venture, business entity, Non Governmental Organization is strictly prohibited unless otherwise with the written legal documentary permission of GbeduHour.
G. As and when a third party or user decides on embedding the video player on an external or third party website, outside the jurisdiction of GbeduHour website and/or platform, you agree that the third party website does not contain unlawful, infringing, pornographic, obscene, defamatory, libellous, threatening, harassing, vulgar, hateful, of racial or ethnic prejudice, encourages criminal, gives rise to civil liability, violates any law, rule or regulation that infringes rights that govern the third part site and intellectual property, proprietary rights, patent, trademark, privacy, publicity and copyrighted material that does not have the permission of the copyright owners. You may also not embed in any hardware material or software application that may be unsuitable, any website and third party location for which, GbeduHour ltd. reserves the rights of making such determination. GbeduHour will terminate User's access to the Website if User has been determined to be a repeat infringer.
10. ACCESS AND INTERFERENCE
Violations or attempts to violate GbeduHour systems or to interrupt the Services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of GbeduHour Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of GbeduHour; or (b) Interference with service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on GbeduHour's infrastructure. User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services. User shall not misuse system resources including, but not limited to, employing Content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to Content hosted on GbeduHour servers, Copyright or Trademark Infringement
By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted Content and you further represent and warrant that no Content violates the trademark or copyrights of any third party. GbeduHour reserves the right to suspend or terminate a User's transmission(s) that, in GbeduHour 's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the Content that you upload, store or share with others using the Service, and for the consequences of uploading, storing or sharing any Content. You agree that you will not use the Service to upload, store, or share Content that you did not create or that you do not have permission to upload, store, and share.
Although you retain the rights to any posted material, you agree to grant GbeduHour the non-exclusive, royalty free rights, to display, reproduce, modify, make a derivation and also publish such material unabated, through whatever form of media. You also agree to allow each GbeduHour user unrestricted access to your posted material, devoid of any liability.
GbeduHour reserves the rights to make changes to this agreement document at any time. Your continued use of the service following any such changes will constitute your acceptance of such changes.
11. EXTRA ACTIVITIES
GbeduHour reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. GbeduHour reserves the right to cancel any account or transmission GbeduHour finds to be in violation of any these Terms and Conditions. If appropriate, GbeduHour will refer complaints to law enforcement authorities, and in such case, GbeduHour will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User accounts and data information in accordance with applicable law.
12. NO WARRANTY
You expressly understand and agree that: (a) your use of the Service is at your sole risk. GbeduHour Services are provided on an "as is" and "as available" basis. GbeduHour and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. GbeduHour and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or Content; (b) GbeduHour makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
GbeduHour does not guarantee that content you upload, store, or share using the Service will be maintained by GbeduHour. You are solely responsible for creating backup copies of and replacing any and all Content, at your own cost and expense. You agree that GbeduHour has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content. GbeduHour retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
GbeduHour will not routinely screen, monitor, review or revise Content uploaded, stored, or shared using the Service. However, GbeduHour may review any such Content and GbeduHour reserves the right to refuse to accept, store, or permit the sharing of any Content, to remove any Content from the Service, and to prevent the uploading, storage, or sharing of any Content. GbeduHour does not endorse or support any Content. GbeduHour does not guarantee the accuracy or reliability of any Content. GbeduHour does not guarantee that Content does not infringe third party rights, including intellectual property rights. GbeduHour does not guarantee that Content will not be harmful or offensive. GbeduHour does not guarantee that Content will comply with these Terms of Service. You acknowledge that any use of or reliance on Content obtained through the Service will be at your own risk. If you become aware of any Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform GbeduHour.
GbeduHour provides its website as a service to its users. However, GbeduHour assumes no responsibility whatsoever for monitoring the GbeduHour Services for inappropriate Content or conduct. GbeduHour assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User uploads of any such Content. GbeduHour may review and delete any User uploads that, in its sole judgment, violates these Terms and Conditions or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
You agree to defend, indemnify and hold harmless GbeduHour, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of these Terms and Conditions or other GbeduHour policies.
14. LIMITATION OF LIABILITY
Your use of GbeduHour is at your own risk. If you are dissatisfied with any aspect of our Service or with these Terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service and receive a refund of the unused portion of any fees you paid Copyrights and Copyright Agents
You expressly understand and agree that GbeduHour shall not be liable for any indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GbeduHour has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
15. MODIFICATIONS TO AGREEMENTS, POLICIES OR TO OUR SERVICES
Although GbeduHour may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. GbeduHour may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on GbeduHour's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that GbeduHour may change subscription fees where they apply at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.
Users and GbeduHour are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions
17. GBEDUHOUR CONFIDENTIAL INFORMATION
You represent and warrant to GbeduHour that (a) you are not a competitor of GbeduHour, (b) you shall keep non-public information and materials pertaining to GbeduHour, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the GbeduHour Website or use of the GbeduHour Services to compete with GbeduHour in its business.
Without limiting other remedies, GbeduHour may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a) GbeduHour believes that User has violated or acted inconsistently with these Terms and Conditions, or any of our policies; or (b) User has failed to pay fees or other payments due to GbeduHour; or (c) GbeduHour is unable to verify or authenticate any information User provides to GbeduHour; or (d) GbeduHour believes that User's actions may cause legal liability for User, GbeduHour's other clients, or GbeduHour. GbeduHour may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice and acknowledge and agree that GbeduHour may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that GbeduHour shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of these Terms and Conditions by either User or GbeduHour, all of User rights under these Terms and Conditions, and GbeduHour's provision of Services, will terminate immediately.
These terms and conditions will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any legal action or proceeding relating to or arising out of these Terms and Conditions or your use of the Website must be brought in Nigeria and you submit to the venue and personal jurisdiction of any court of competent jurisdiction there. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. GbeduHour's failure to act with respect to a breach by User or others does not waive GbeduHour's right to act with respect to subsequent or similar breaches. No action by User arising under these Terms and Conditions may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
20. ENTIRE AGREEMENT
Except for other agreements or terms appearing on the Web site, these Terms and Conditions sets forth the entire understanding and agreement between GbeduHour and User with respect to the subject matter hereof.
For questions regarding these Site Builder Terms, please contact info@GbeduHour.com.
2015 GbeduHour Ltd. All rights reserved.