ACCOUNT REGISTRATION
To use features of the Service you need to register an account on the Platform (the “Account”) as a user or advertiser and provide certain information about yourself as prompted by the registration form.
We encourage you to register on the platform using a device you own and are authorized to use.
As a user you can register Account via the information required on the online form. As an advertiser you can have more than one advert running on your registered account.
You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are solely responsible and liable for any activity performed using your Account access details.
You hereby represent and warrant to us that you have reached the age of consent or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission for, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you
must have your parent or guardian read and agree to these Terms prior to you using the Service.
We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
FEES and PLANS
The advertising fees and User plans for using payable services and payment methods accepted by us are disclosed on the Platform.
You are eligible to register more than one Account if you use payable services on each of them.
We reserve the right and sole discretion, to change the fees and acceptable payment methods from time to time with no recourse to the user.
Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.
ADVERTISER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and warrant that:
You have the legal capacity, and you agree to comply with the Terms& Conditions of the platform;
If you register yourself as an advertiser, you are authorized to represent and place adverts on the Platform;
You are above 18 years of age;
You will or have provided true, accurate, and complete information in your Account;
You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
If you have a suspicion that your Account access details were disclosed or probably used by the third parties, you will notify the Administrator of any unauthorized access to your Account;
You will not provide any false or misleading information about your identity or location in your Account;
You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
You will not use the Service for any illegal or unauthorized purpose;
You will not publish ads on the Platform that offer any Prohibited Items. See advertising policy
You will not post on the Platform announcements that infringe another person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
You will not publish ads on the platform that includes such on our prohibited list.
See advertising policy
You will not use the software to pursue any other actions aimed at interference with the normal operation of the Platform;
You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards users of the Platform;
You will not copy, modify, distribute any other Advertisers' Content without the consent of the respective advertiser;
You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;
You have a legal and intellectual title to the items offered for sale in your ads; and
You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise, and distribute goods described in your ad
INDEMNITY
You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry- standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. The Administrator 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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ADMINISTRATOR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ANNOUNCEMENTS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR NGN37000.
INTELLECTUAL PROPERTY RIGHTS
Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for the Administrator’s marketing, advertising, and other purposes.
You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other party.
Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed. Notice for Claims of Intellectual Property Violations and Copyright Infringement
If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to
delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.
When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed;
the objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided;
you shall specify materials (with an indication of specific URL- pages), which are stated to infringe rights or themselves are the objects of infringement;
you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address;
signed application with regard to your faithful and reasonable belief in those materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and that this is not allowed by law;
signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties' claims related to deletion of relevant materials by the Administrator;
signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of the exclusive right, which has been supposedly infringed;
statutory regulations which you believe to be violated in connection to using of disputable content;
state, in which territory you believe the rights to be infringed;
copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.
The relevant notification shall be sent to email hello@atmosphere.ng
GOVERNING LAW AND JURISDICTION
These Terms shall be governed in accordance with the laws of the Republic of Nigeria.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria. The seat of arbitration shall be Lagos, Nigeria. The language to be used in the arbitral proceedings shall be English.
MISCELLANEOUS PROVISIONS
Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may transfer and assign any and all of our rights and obligations under these
Terms to any other person (natural or juristic), by any way, including bynovation, and by accepting these Terms you give us consent to any such transfer
or assignment.
If we fail to take any action with respect to your breach of these Terms, we shall still be entitled to use our rights and remedies in any other situation where you breach these Terms.
In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator's reasonable control.
CONTACT