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TRIBENAIJA WEBSITE TERMS OF USE

 The TribeNaija® application (the “Application”) and the website located at https://tribenaija.net (the “Site”) are copyrighted works (“Services”) belonging to Advocacy for One Nigeria and  Citizens’ Rights Initiative (“Company”, “us”, “our”, and “we”). Certain features of the Services  may be subject to additional guidelines, terms, or rules, which will be indicated on the Application  or posted on the Site in connection with such features.  

Without limitation to the preceding sentence, your submission of information, including personal  information, through or in connection with the Services is governed by the terms of our privacy  policy as updated from time to time, available at Privacy Policy. 

Kindly note that all such additional terms, guidelines, and rules, including our Privacy Policy, are  incorporated by reference into these terms of use (these “Terms”). 

These Terms set forth the legally binding terms and conditions that govern your use of and access  to the Services. By accessing or using the Services, you are accepting these Terms (on behalf  of yourself or the entity that you represent), and you represent and warrant that you have the right,  authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you  represent). If you do not agree with all of the provisions of these Terms, kindly do not proceed to  access and/or use the Services. 

1. ACCOUNTS  

1.1 Account Creation. In order to use certain features of the Application, you must  register for an account (“Account”) and provide certain information about yourself as prompted  by the account registration form. You represent and warrant that: (a) all required registration  information you submit is truthful and accurate; (b) you will maintain the accuracy of such  information. You may delete your Account at any time, for any reason, by following the instructions  on the Application. Company may suspend or terminate your Account in accordance with Section  8.  

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality  of your Account login information and are fully responsible for all activities that occur under your  Account. You agree to immediately notify Company of any unauthorized use, or suspected  unauthorized use of your Account or any other breach of security. Company cannot and will not  be liable for any loss or damage arising from your failure to comply with the above requirements. 

2. ACCESS TO THE SERVICES 

2.1 License. Subject to these Terms, Company grants you a non-transferable, non exclusive, revocable, limited license to use and access the Services or any part thereof solely for  your own personal, non-commercial use. 

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the  following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host,  or otherwise commercially exploit the Services, whether in whole or in part, or any content  displayed on the Services; (b) you shall not modify, make derivative works of, disassemble,  reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services 

in order to build a similar or competitive website, product, or service; and (d) except as expressly  stated herein, no part of the Services may be copied, reproduced, distributed, republished, 

downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise  indicated, any future release, update, or other addition to functionality or content of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or  on any content displayed on the Services) must be retained on all copies thereof. 

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or  discontinue the Services (in whole or in part) with or without notice to you. You agree that  Company will not be liable to you or to any third party for any modification, suspension, or  discontinuation of the Services or any part thereof. 

2.4 No Support or Maintenance. You acknowledge and agree that Company will  have no obligation to provide you with any support or maintenance in connection with the Services except as otherwise provided under these Terms. 

2.5 Ownership. Excluding any User Content (defined below) that you may provide,  you acknowledge that all the intellectual property rights, including copyrights, patents, trade  marks, and trade secrets, in the Services and its content are owned by Company or under licence  to the Company. Neither these Terms (nor your access to the Services) transfers to you or any  third party any rights, title or interest in or to such intellectual property rights, except for the limited  access rights expressly set forth in Section 2.1. Company reserves all rights not granted in these  Terms. There are no implied licences granted under these Terms. 

3. USER CONTENT 

3.1 User Content. “User Content” means any and all information and content that a  user submits to, or uses with, the Application (e.g., content in the user’s profile or postings) through their Account. You are solely responsible for your User Content. You assume all risks  associated with use of your User Content, including any reliance on its accuracy, completeness  or usefulness by others, or any disclosure of your User Content that personally identifies you or  any third party. You hereby represent and warrant that your User Content does not violate our  Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that  your User Content is in any way provided, sponsored or endorsed by Company. Because you  alone are responsible for your User Content, you may expose yourself to liability if, for example,  your User Content violates the Acceptable Use Policy. Company is not obligated to backup any  User Content, and your User Content may be deleted from the Application at any time without  prior notice. You are solely responsible for creating and maintaining your own backup copies of  your User Content, if you desire. 

3.2 License. You hereby grant (and you represent and warrant that you have the right  to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license  to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into  other works, and otherwise use and exploit your User Content, and to grant sublicenses of the  foregoing rights, solely for the purposes of including your User Content in the Site. You hereby  irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or  attribution with respect to your User Content. 

3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use  Policy”: 

(a) You agree not to use the Application to collect, upload, transmit, display, or  distribute any User Content (i) that violates any third-party right, including any copyright, 

trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual  property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful,  invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,  pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of  any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors  in any way; or (iv) that is in violation of any applicable laws and governmental regulations,  including, but not limited to, all intellectual property, data, privacy, and export control laws, and  regulations promulgated by any government agencies, including, but not limited to, the U.S.  Securities and Exchange Commission, and any rules of any national and other securities  exchanges. 

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through  the Application any computer viruses, worms, or any software intended to damage or alter a  computer system or data; (ii) send through the Application unsolicited or unauthorized advertising,  promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of  duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Application 

to harvest, collect, gather or assemble information or data regarding other users, including e-mail  addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers  or networks connected to the Services, or violate the regulations, policies or procedures of such  networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems  or networks connected to or used together with the Services), whether through password mining  or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the  Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the  Application, or to generate automated searches, requests, or queries to (or to strip, scrape, or  mine data from) the Services (provided, however, that we conditionally grant to the operators of  public search engines revocable permission to use spiders to copy materials from the Site for the  sole purpose of and solely to the extent necessary for creating publicly available searchable  indices of the materials, but not caches or archives of such materials, subject to the parameters  set forth in our agreement with the public service engines). 

3.4 Enforcement. We reserve the right (but have no obligation) to review any User  Content, and to investigate and/or take appropriate action against you in our sole discretion if you  violate the Acceptable Use Policy or any other provision of these Terms or otherwise create  liability for us or any other person. Such action may include removing or modifying your User  Content, terminating your Account in accordance with Section 8, and/or reporting you to law  enforcement authorities. 

3.5 Feedback. If you provide Company with any feedback or suggestions regarding  the Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree  that Company shall have the right to use and fully exploit such Feedback and related information  in any manner it deems appropriate. Company will treat any Feedback you provide to Company  as non-confidential and non-proprietary. You agree that you will not submit to Company any  information or ideas that you consider to be confidential or proprietary. 

4. INDEMNIFICATION. You agree to indemnify Company (and its officers, employees, and  agents), including costs and attorneys’ fees, from any claim or demand made by any third party  due to or arising out of (a) your use of the Services, (b) your violation of these Terms, or (c) your  violation of applicable laws or regulations. Company reserves the right, at your expense, to  assume the exclusive defense and control of any matter for which you are required to indemnify  us, and you agree to cooperate with our defense of these claims. You agree not to settle any 

matter without the prior written consent of Company. Company will use reasonable efforts to  notify you of any such claim, action or proceeding upon becoming aware of it. 

5. THIRD-PARTY LINKS & ADS; OTHER USERS 

5.1 Third-Party Links & Ads. The Services may contain links to third-party websites  and services, and/or display advertisements for third parties (collectively, “Third-Party Links &  Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not  responsible for any Third-Party Links & Ads. Company provides access to these Third-Party  Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse,  warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third 

Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in  doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms  and policies apply, including the third party’s privacy and data gathering practices. You should  make whatever investigation you feel necessary or appropriate before proceeding with any  transaction in connection with such Third-Party Links & Ads. 

5.2 Other Users. Each Application user is solely responsible for any and all of its own  User Content. Because we do not control User Content, you acknowledge and agree that we are  not responsible for any User Content, whether provided by you or by others. We make no  guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your  interactions with other Application users are solely between you and such users. You agree that  Company will not be responsible for any loss or damage incurred as the result of any such  interactions. If there is a dispute between you and any Application user, we are under no  obligation to become involved. 

5.3 Release. Subject to applicable law, you hereby release and forever discharge the  Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive  and relinquish, each and every past, present and future dispute, claim, controversy, demand,  right, obligation, liability, action and cause of action of every kind and nature, that has arisen or  arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including  any interactions with, or act or omission of or any Third-Party Links & Ads).  

6. DISCLAIMERS  

The Services are provided on an “as-is” and “as available” basis, and, to the extent permitted by  applicable law, Company (and our officers, employees, agents, successors, and assigns)  expressly disclaim any and all warranties and conditions of any kind, whether express, implied,  or statutory, including all warranties or conditions of merchantability, fitness for a particular  purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our officers, employees,  agents, successors, and assigns) make no warranty that the Services will meet your  requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be  accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. 

7. LIMITATION ON LIABILITY 

To the maximum extent permitted by law, in no event shall Company (or our suppliers) be liable  to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary,  incidental, special or punitive damages arising from or relating to these Terms or your use of, or  inability to use, the Services, even if Company has been advised of the possibility of such  damages. Access to, and use of, the Services is at your own discretion and risk, and you will be 

solely responsible for any damage to your device or computer system, or loss of data resulting  therefrom.  

8. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and  effect while you use the Services. We may suspend or terminate your rights to use the Services  or any part thereof (including your Account) at any time for any reason at our sole discretion,  including for any use of the Services in violation of these Terms. Upon termination of your rights  under these Terms, your Account and right to access and use the Services will terminate  immediately. You understand that any suspension or termination of your Account may involve  deletion of your User Content associated with your Account from our live databases. Company  will not have any liability whatsoever to you for any termination of your rights under these Terms,  including for termination of your Account or deletion of your User Content. Even after your rights  under these Terms are terminated, the following provisions of these Terms will remain in effect:  Sections 2.2 to 2.5, and Sections 3 to 9.4. 

9. DATA PROCESSING  

9.1 Definitions. In this Section 10 (Data Processing Addendum), “Data”, “Data  Administrator”, “Data Controller”, “Data Transfer”, “Data Subject”, “Foreign Country”, “Personal  Data”, “Personal Data Breach” and “Processing” shall have the meanings as defined in the Nigeria  Data Protection Regulation 2019 (NDPR). “Processed” and “Process” shall be construed in  accordance with the definition of “Processing”. All other defined terms herein shall have the same  meanings as are defined elsewhere in this Agreement. 

9.2 Compliance. In using our Services, the Processing of any Personal Data in  relation to you, as Data Subject, provided to us, as Data Controller shall be in compliance with  the requirements under the NDPR and, to the extent applicable, the data protection or privacy  laws of any other country, (“Data Protection Laws”) such as the European Union General Data  Protection Regulation (GDPR).  

9.3 Data Administrator. We have engaged the services of a third party(ies) to serve  as Data Administrator(s) for Processing of Data including Personal Data collected through use of  Services. You, the Data Subject, hereby acknowledge and consent to the Processing of your  Personal Data by the Data Administrator, subject to the applicable Data Protection Laws and  conditions set out in these Section. 

9.4 Conditions. To the extent that we Process your Personal Data in connection with  these Terms, we and our Data Administrator(s) shall (a) taking into account the nature of the  Processing, respond to requests to exercise Data Subject rights under applicable the Data  Protection Laws, insofar as this is possible through the Application; (b) ensure that those of its  employees authorized to Process Your Personal Data under this Agreement have committed  themselves to confidentiality or are under an appropriate statutory obligation of confidentiality in  relation to Your Personal Data; (c) implement the technical and organizational measures to  ensure a level of security appropriate to the risk presented by Processing, in particular from a  Personal Data Breach, including, as appropriate, the measures referred to in Clause 2.6 of the  NDPR; (d) on termination of these Terms, delete the Personal Data in connection with these  Terms to the extent permitted under the applicable Data Protection Laws; (e) undertake the  appointment of any Data Administrator or sub-Data Administrator subject to these Terms; and (f)  not transfer or authorize the transfer of Processed Personal Data to countries outside Nigeria  unless the Personal Data ad its Processing are adequately protected in accordance with the  NDPR and applicable Data Protection Laws. 

9.5 Personal Data Breach. We shall notify the Data Subject without undue delay  upon becoming aware of a Personal Data Breach affecting your Personal Data, with sufficient  information to allow us to meet any obligations under the Data Subject’s rights under the Data  Protection Laws. 

10. GENERAL 

10.1 Changes. These Terms are subject to occasional revision, and if we make any  substantial changes, we may notify you by sending you a message to the last contact address  you provided to us (if any), and/or by prominently posting notice of the changes on the Application  or our Site. You are responsible for providing us with your most current contact address. In the  event that the last contact address that you have provided us is not valid, or for any reason is not  capable of delivering to you the notice described above, our dispatch of the message containing  such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following  our dispatch of a notice to you via your contact address (if applicable) or thirty (30) calendar days  following our posting of notice of the changes on the Application or our Site. These changes will  be effective immediately for new users of our Services. Continued use of our Services following  notice of such changes shall indicate your acknowledgement of such changes and agreement to  be bound by the terms and conditions of such changes. 

10.2 Electronic Communications. The communications between you and Company  use electronic means, whether you use the Site, Application or send us emails, or whether  Company posts notices on the Site, or the Application or communicates with you via your contact  address. For contractual purposes, you (a) consent to receive communications from Company in  an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures,  and other communications that Company provides to you electronically satisfy any legal  requirement that such communications would satisfy if it were be in a hardcopy writing.  

10.3 Entire Terms. These Terms constitute the entire agreement between you and us  regarding the use of the Services.  

10.4 Waiver. A waiver by Company of any right or remedy under these Terms shall only  be effective if it is in writing, executed by a duly authorized representative of Company and shall  apply only to the circumstances for which it is given. Our failure to exercise or enforce any right  or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it  prevent any future exercise or enforcement of such right or remedy. No single or partial exercise  of any right or remedy shall preclude or restrict the further exercise of any such right or remedy  or other rights or remedies. 

10.5 Headings and Interpretation. The section titles in these Terms are for  convenience only and have no legal or contractual effect. The word “including” means “including  without limitation”.  

10.6 Severability. If any provision of these Terms is, for any reason, held to be invalid  or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or  unenforceable provision will be deemed modified so that it is valid and enforceable to the  maximum extent permitted by law.  

10.7 Assignment. These Terms, and your rights and obligations herein, may not be  assigned, subcontracted, delegated, or otherwise transferred by you and any attempted 

assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms. The terms and conditions set forth in these Terms shall  be binding upon assignees.  

10.8 Governing Law and Jurisdiction. These Terms and any dispute or claim arising  out of or in connection with their subject matter or formation (including non-contractual disputes  or claims) shall be governed by and construed in accordance with the law of the Federal Republic  of Nigeria. You agree that the courts of the Federal Republic of Nigeria shall have exclusive  jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or  formation (including non-contractual disputes or claims) of these Terms. 

10.9 Copyright/Trademark Information. Copyright © 2021 Advocacy for One Nigeria  and Citizens’ Rights Initiative, an incorporated trustee duly registered under the laws of the  Federal Republic of Nigeria. All rights reserved. TribeNaija® and the depicted logo of the  TribeNaija®, all other trademarks, logos and service marks (“Marks”) displayed on the Services 

are our property or the property of our licensors. You are not permitted to use these Marks without  our prior written consent or the consent of such third party which may own the Marks. 

10.10 Contact Information. If you wish to contact us in writing, or if these Terms require  you to give notice to us in writing, please email us at admin@tribenaija.net.  

VERSION 2.0 

LAST REVISED ON: 21st June 2021 

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