iv. PAID POSTINGS HomesandOffices.com.ng may charge a fee to post Property in some specific areas of the Service (Paid Content). The fee permits Paid Content to be posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. Additional terms regarding Paid Content will be fully stated in the applicable section(s).
v. POSTING AGENTS As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. HomesandOffices.com.ng prohibits the use of Posting Agents, directly or indirectly, without the express written permission of HomesandOffices.com.ng. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from HomesandOffices.com.ng.
vi. ACCESS TO THE SERVICE HomesandOffices.com.ng grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by HomesandOffices.com.ng or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). HomesandOffices.com.ng may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from HomesandOffices.com.ng.
vii. NOTIFICATION OF CLAIMS OF INFRINGEMENTS If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to HomesandOffices.com.ng together with a request to HomesandOffices.com.ng to delete the relevant Content in good faith. The notification and the request must contain the following information: i.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site; iii.Identification of the Content (by means of data or communication link, etc.) 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 HomesandOffices.com.ng to locate the material; iv. Information reasonably sufficient to permit HomesandOffices.com.ng to contact you, such as an address, telephone number, and an electronic mail address; v. A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law; vi. A signed statement that the intellectual property-owner hold HomesandOffices.com.ng harmless from any claim of any third party in connection with the removing by HomesandOffices.com.ng of the relevant content; and vii.A signed 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. Notifications must be sent to [email protected]
viii. INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under this Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HomesandOffices.com.ng, and are subject to copyright and other intellectual property rights. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to HomesandOffices.com.ng. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HomesandOffices.com.ng reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
ix. USER SUBMISSIONS You understand that when using the Website, you will be exposed to Content from a variety of sources, and that HomesandOffices.com.ng is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HomesandOffices.com.ng with respect thereto.
x. INDEMNITY You agree to defend, indemnify and hold harmless HomesandOffices.com.ng, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
xi. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements or other unsolicited communications to HomesandOffices.com.ng email addresses or through HomesandOffices.com.ng computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time HomesandOffices.com.ng may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the HomesandOffices.com.ng e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of HomesandOffices.com.ng computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
xii. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS You acknowledge and agree that HomesandOffices.com.ng shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that HomesandOffices.com.ng shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, you hereby release HomesandOffices.com.ng, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
xiii. LIMITATION AND TERMINATION OF SERVICE You acknowledge and agree that HomesandOffices.com.ng may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that HomesandOffices.com.ng has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that HomesandOffices.com.ng reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that HomesandOffices.com.ng shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that HomesandOffices.com.ng, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e- mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, you agree that HomesandOffices.com.ng shall not be liable to you or any third-party for any termination of your access to the Website or the Service.
ivx. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMESANDOFFICES.COM.NG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HOMESANDOFFICES.COM.NG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. HOMESANDOFFICES.COM.NG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOMESANDOFFICES.COM.NG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL HOMESANDOFFICES.COM.NG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOMESANDOFFICES.COM.NG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HOMESANDOFFICES.COM.NG SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HOMESANDOFFICES.COM.NG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HOMESANDOFFICES.COM.NG MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
xv. ASSIGNMENT These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HOMESANDOFFICES.COM.NG without restriction. Any assignment or transfer by you shall be null and void.
xvi. ABILITY TO ACCEPT TERMS OF SERVICE This Website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
xvii. GENERAL INFORMATION These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and HOMESANDOFFICES.COM.NG and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and HOMESANDOFFICES.COM.NG shall be governed by the laws of the Nigeria without regard to its conflict of law principles. Any claim you may have against HOMESANDOFFICES.COM.NG must be submitted to the exclusive jurisdiction of the courts in Nigeria.The failure of HOMESANDOFFICES.COM.NG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES.