01.
This Document
This document, the Terms of Service (“Terms”) governs the access and use of Abeti Services
including the companion mobile applications, APIs, applications and other services
(collectively referred to as "Services"). It also covers the images/photos, write-ups,
videos and other contents (collectively referred to as “Content”) uploaded to or downloaded
from Abeti Services.
Access to Abeti Service and the use thereof are based on end-user ("You") acceptance and
compliance with this Terms. By accessing or using the Services you agree to be bound by the
Terms.
Abeti is the owner of the brand Abeti (abeti.xyz).
02.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Federal
Republic of Nigeria without regard to or application of its conflict of law provisions or
your state or country of residence. All claims, legal proceedings or litigation arising in
connection with the Services will be brought and resolved solely through arbitration in the
Federal Republic of Nigeria.
03.
Waiver and Severability
Failure of Abeti to enforce any right or provision of these Terms will not be deemed a
waiver of such right or provision. In the event that any provision of these Terms is held to
be invalid or unenforceable, then that provision will be limited or eliminated to the
minimum extent necessary, and the remaining provisions of these Terms will remain in full
force and effect.
You agree to indemnify Abeti from any direct or indirect claim resulting from your use of
our Services. You agree that you are responsible for your use of the Services as provided
and this indemnity covers Content you post to Abeti Services or those you download from it
and agree to bear any consequences thereof. Consider that any content you put on Abeti are
public by default and may be viewed online, including through third party services. B
Basically, what you post is available to the public.
All content posted or viewed or download on Abeti is the sole responsibility of the person
who interacted with or used such. While we try to protect our customers by including
verification warnings on content posted, we cannot monitor or control all content on our
services, we cannot take responsibility for the use of Content. Use or reliance on any
Content or materials posted via our Services or obtained by you through the Services is at
your own risk.
04.
Your Rights
By submitting, posting or displaying Content on or through the Services, you grant Abeti a
worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in
any and all media or distribution methods (now known or later developed). However, you
retain your rights to any Content you submit, post or display on or through the Services.
The license so granted includes the right for Abeti to provide, promote, and improve the
Services and to make Content submitted to or through the Services available to other
companies, organizations or individuals who partner with Abeti for further use,
modification, destruction, publication and distribution of such Content on other media and
services, subject to our terms and conditions for such Content use. These further use may be
made with no compensation paid to you with respect to the Content that you submit, post,
transmit or otherwise make available through the Services.
You are responsible for your use of the Services, for any Content you provide,
and
for any
consequences thereof, including the use of your Content by other users and our third party
partners. You understand that your Content may be syndicated, broadcast, distributed, or
published by our partners and if you do not have the right to submit Content for such use,
it may subject you to liability. Abeti will not be responsible or liable for any use of your
Content by Abeti in accordance with these Terms. You represent and warrant that you have all
the rights, power and authority necessary to grant the rights granted herein to any Content
that you submit.
Abeti gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license
to use the software that is provided to you by Abeti as part of the Services. This license
is for the sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by Abeti in the manner permitted by the Terms herein.
All right, title, and interest in and to the Services (excluding Content
provided
by users)
are and will remain the exclusive property of Abeti and its licensors. The Services are
protected by copyright, trademark, and other laws of both Nigeria and foreign countries.
Nothing in the Terms gives you a right to use the Abeti name or any of Abeti trademarks
including Abeti, logos, domain names, and other distinctive brand features. Feedback,
comments, or suggestions you may provide regarding Abeti, or the Services is entirely
voluntary and we will be free to use such feedback, comments or suggestions as we see fit
and without any obligation to you.
Abeti operates through a network of users and third party companies
(merchants,
advertisers, content companies, data analysis and many more). If you accept these terms on behalf of
yourself or an organization (be it government or private), you agree and warrant that you
are authorized to do so and agree to operate on Abeti in compliance with local jurisdiction.
Our Services are dynamic; as such, we withold the right to make changes to our
services at any time without prior notice or to add new services or stop providing any existing
Service
at our sole discretion. We reserve the right to limit use or charges depending on metrics or
even intuition taken by Abeti.
By accepting this Term, you agree that Abeti and its third party providers and
partners may place advertising on Services which you may have contributed to, by creating Services
or
adding to the Content on Abeti or in connection with the display of Content or information
from the Services whether submitted by you or others. You agree not to lay any claim to
Content uploaded to Abeti.
You agree to the Privacy policies of Abeti as laid out in the Privacy document on
Abeti i.e. abeti.xyz/privacy here.
05.
Privacy and Security
Information you provide to Abeti (outdoornigeria.com) and Abeti Services is subject to our
Privacy Policy (outdoornigeria/privacy). You consent to the collection and use of
information uploaded to and download from Abeti including further processing and use of this
document, in any part of the world by Abeti. The communications generated and sent to you as
part of our Services are considered part of Abeti Services.
You are responsible for safeguarding the password to your account and the other
authentication protocols on other channels, including mobile devices and native apps. We
have fulfilled our ethical requirement of providing encrypted channel of communication
between you and our Services however we encourage good security measures including passwords
that use a combination of numbers, upper and lower case letters, symbols and are a minimum
of eight characters) with your account. Abeti cannot and will not be liable for any loss or
damage arising from your failure to comply with the above or other security guidelines we
will publish occassionally.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy,
or reliability of any Content or communications posted via the Services or endorse any
opinions expressed via the Services. You understand that by using the Services, you may be
exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate,
or in some cases, postings that have been mislabeled or are otherwise deceptive.
Under no circumstances will Abeti be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Services or broadcast elsewhere.
Note: We have placed certain measures, including flagging of inappropriate content and
notice of verification status of various users on Abeti Services, nevertheless, you are
responsible for your own safety online.
06.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim
usernames without liability to you. We also reserve the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary to satisfy any applicable
law, regulation, legal process or governmental request, enforce the Terms, including
investigation of potential violations hereof, detect, prevent, or otherwise address fraud,
security or technical issues, respond to user support requests, or protect the rights,
property or safety of Abeti, its users and the public.
You may not do any of the following while accessing or using the Services: (i)
access, tamper with, or use non-public areas of the Services, Abeti computer systems, or the
technical
delivery systems of Abeti’s providers; (ii) probe, scan, or test the vulnerability of any
system or network or breach or circumvent any security or authentication measures; (iii)
access or search or attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published interfaces that are
provided by Abeti (and only pursuant to the applicable terms and conditions), unless you
have been specifically allowed to do so in a separate agreement with Abeti (NOTE: crawling
the Services is permissible if done in accordance with the provisions of the robots.txt
file, however, scraping the Services without the prior consent of Abeti is expressly
prohibited); (iv) forge any TCP/IP packet header or any part of the header information in
any email or posting, or in any way use the Services to send altered, deceptive or false
source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so),
the access of any user, host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the Services.
07.
Copyright
Abeti will respond to notices of alleged copyright infringement that comply with
applicable law and are properly provided to us. If you believe that your Content has been copied in
a
way that constitutes copyright infringement, please provide us with the following
information: (i) a physical or electronic signature of the copyright owner or a person
authorized to act on their behalf; (ii) identification of the copyrighted work claimed to
have been infringed; (iii) 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 us to locate the material;
(iv) your contact information, including your address, telephone number, and an email
address; (v) a statement by you that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the law;
and (vi) a statement that the information in the notification is accurate, and, under
penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior
notice, at our sole discretion, and without liability to you. In appropriate circumstances, Abeti
will
also
terminate an infringing account at our discretion. Abeti will also withhold payments, where
applicable, for any material infringing or suitably reported to be infringing on copyrights
and may not make such payment at all. These provisions also apply where content provided
having commercial implications are so report and my forward such activities to the
appropriate authorities in Nigeria. You may contact Abeti at the following address:
Attn: PRO,
80 Alh. Basheer Shittu Street,
Magodo GRA Phase 2, Lagos, Nigeria
Email: info@abeti.xyz
08.
Disclaimers and Limitations of Liability
The Services are Available “AS-IS”. Your access to and use of the Services or
any
Content are
at your own risk. You understand and agree that the Services are provided to you on an “AS
IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent
permitted under applicable law, Abeti, subsidiaries, affiliates, related companies,
officers, directors, employees, agents, representatives, partners, and licensors, ("Abeti
Stakeholders") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Abeti Stakeholders make no warranty or representation and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any Content; (ii) any harm to your computer system, loss of
data, or other harm that results from your access to or use of the Services or any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services; and (iv) whether the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from the Abeti Stakeholders or through the
Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and
agree that the Abeti Stakeholders are not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources do not imply
any endorsement by the Abeti Stakeholders, you bear sole responsibility for and assume all
risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Abeti Stakeholders SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,
GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON
THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Abeti Stakeholders EXCEED THE GREATER OF
Twenty thousand Naira (₦20,000) OR THE AMOUNT YOU PAID Abeti, IF ANY, IN THE PAST SIX
MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY,
WHETHER
BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT
THE Abeti Stakeholders HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF
A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
This Term and our privacy policy are the exclusive agreement between you and Abeti (excluding
services where you have a separate agreement with Abeti) is entered into at the day of
creating an account on Abeti or any of Abeti Services and it is between you and Abeti
Registered office 23B Opebi Road, Ikeja, Lagos, Nigeria. You may contact us at
info@abeti.xyz, info@abeti.xyz or at our office on 8 Iyiola Olawale Street, Akoka, Lagos,
Nigeria. We reserve the right to releasing revisions of these terms and the latest version
will be available at outdoornigeria.com/terms. You agree that revisions to Terms are binding
immediately they are released at outdoornigeria.com/terms or any other url we decide to
place it on. These terms supersede and replace any prior agreements between you and Abeti.
Abeti is a brand name and product of Abeti and any agreement between you and Outddoor Nigeria
is between you and Abeti.
You may end your legal agreement with Abeti at any time, by deactivating your
accounts and
discontinuing your use of the Services. Inactive accounts may be deactivated due to
prolonged inactivity as determined by Abeti.
We may suspend or terminate your accounts, or cease providing you with all or part of the
Services, including commercial proceeds of listing or using such Services at any time for
any or no reason, including, but not limited to, if we reasonably believe: (i) you have
violated these Terms or the Abeti Rules, (ii) you create risk or possible legal exposure for
us; or (iii) our provision of the Services to you is no longer commercially viable. We will
make reasonable efforts to notify you by the email address associated with your account or
the next time you attempt to access your account.