TERMS AND CONDITIONS OF USE
This terms and conditions is dated 10th day of October 2019.
This website is operated and controlled by Chocolate City Group (CCG) and its affiliates. Through this website, CCG provides You/ User access to content and services related to our Artists and CCG. As a result of this, your use and access to the website is governed by this “Standard Terms And Conditions” (hereinafter referred to as Terms and Conditions) contained herein on this webpage). These terms apply in full force and by using this Website, you expressly accept all terms and conditions contained herein:
- OWNERSHIP OF WEBSITE – You understand that CCG controls and owns to the exclusion of others all rights, title and interest in and to the website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials on the website. You agree and understand that your access to the website does not in any manner mean a transfer of ownership of the content on the website.
- SUBMISSION ON WEBSITE –
- PERSONAL INFORMATION: You may be required to submit personal information as a result of your use of the website. In that regard, you accept that CCG may use your information for purposes of sending you our newsletter and other marketing materials, analyzing your personal information for our business reporting, providing personalized services and collecting of user information and data. We may also use and disclose your Personal Information as necessary or appropriate, usually in instances where CCG has a legal obligation or legitimate interest to do so.
- UNSOLICITED SUBMISSIONS: CCG does not solicit, invite or wish to receive any confidential, secret or proprietary information or other material from you on this website either by email or any other means which we term as unsolicited submissions. Unsolicited submissions include but not limited to any information, creative works, song demos, ideas, suggestions, concepts, proposals, methods, systems, designs, plans, techniques or other materials submitted or sent to CCG. Note that any unsolicited submissions will be deemed not to be confidential or secret and in the public therefore, any similarity between such unsolicited submission and any element in any of CCG’s content relating to the Artists or otherwise shall be purely coincidental and you agree and CCG accepts that CCG holds no liability therein.
- CONTENT – In addition to clause 2 (B), you understand that where you post content or information, You agree to indemnify and hold harmless CCG and our affiliates with respect to any claim or liability based upon the transmission of your message(s) and/or posting(s). You understand that CCG reserves the right to remove any messages for any or no reason whatsoever. By sending these information which may sometimes be termed as content, You grant CCG a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the information. The foregoing rights shall include the right to exploit any proprietary rights in such information, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
- DISCLAIMER – Any information submitted by you is to be taken “as is” and “as available ” on the website including, without limitation, all services, content, functions and materials without warranty of any kind either express or implied. In addition, although CCG does not represent or warrant that: (a) the services will always be secure, error-free or timely; (b) the services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the services will be timely or accurate.
- RULES OF CONDUCT – You agree to be responsible for any activities that occur from your profile or account (where applicable) and shall not post or send any content on or to the website that otherwise violates the law. You agree that you access and use of the website shall not used in a manner that interferes with, disrupts, affects negatively, or inhibit other users from fully enjoying the services, or that could damage, disable, overburden, or impair the functioning of the website. You shall not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. Similarly, You agree not to upload viruses or other malicious code or otherwise compromise the security of the Website. You agrees not to attempt to circumvent any content-filtering techniques CCG shall employ, or attempt to access areas or features of the website that you are not authorised to access. You shall not probe, scan, or test the vulnerability of our Services or any system or network and not encourage or promote any activity that violates these Terms and conditions.
- THIRD-PARTY SERVICES – In instances where the services, features or functionality is operated by a third party and made available through the website and its services (including services CCG offers jointly with the third party), each party’s terms will govern the respective party’s relationship with the user. Therefore, CCG is not responsible or liable for a third party’s terms or actions taken under the third party’s terms and it extends to all third parties services offered on the website.
- PROMOTIONS – You understand that any contests, or similar promotions (“Promotions“) made available on or through the website may be governed by a different set of terms and conditions not contained herein. You agree that by signing up and participating in any of these Promotions, you are subject to those rules, which may vary from the Terms and Conditions of this website.
- REPRESENTATIONS & WARRANTIES- CCG and you represent and warrant that this terms and conditions constitutes a valid, legal and binding obligation upon it and is enforceable against it in accordance with the terms of this terms and conditions. Furthermore, CCG and you hereby represents and warrants that it has the capacity to be bound by this Terms and Conditions and that all material information regarding its status is correct and that all approvals and/or licenses which may be necessary in order to carry out its obligations under this Agreement have been obtained.
- AMENDMENTS – CCG and its affiliates reserve the sole right, discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the website and/or the services made available on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
- TERMINATION – CCG and its affiliates may terminate, change, suspend or discontinue any aspect of the website or the website’s services at any time. In addition, CCG and its affiliates may restrict, suspend or terminate the access of the you if you violate any of the provisions as listed in the terms and conditions.
- ASSIGNMENT OF OBLIGATIONS – Neither CCG or You to may assign, transfer, subcontract or dispose of any of its rights and obligations under this Terms and Conditions in whol
- LEGALLY VOID OR UNFEASIBLE PROVISIONS – Should individual provisions of this Terms and Conditions be legally void or unfeasible, the validity of the remaining terms and conditions shall not be affected thereby. In such a case the CCG and You shall by mutual agreement substitute for the provisions concerned with a valid provision considered substantially equivalent in economic terms.
- BINDINGNESS – This Terms and Conditions is legally binding on CCG and You hereto and CCG and
- WAIVER – You understand that CCG may decide not to exercise or enforce any right or provision of the Terms and Conditions and same shall not constitute a waiver of such right or provision.
- LIMITATION OF LIABILITY – You agree to indemnify, defend and hold harmless CCG and its affiliated companies, officers, directors, employees, agents, licensors, and assignees from and against all losses, expenses, damages, and costs, including but not limited to legal fees, resulting from actions pertaining to your use and access to the website, your violation of the Terms and Conditions, your use of any products or services purchased or obtained by you in connection with the website, or (iv) the infringement by your use.
- GOVERNING LAW AND DISPUTE RESOLUTION – This terms and conditions shall be governed by the substantive laws in force in the Federal Republic of Nigeria. In the event of a dispute between the CCG and You arising out of this Terms and conditions, such dispute shall be referred to a sole Arbitrator to be appointed in accordance with Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004. The arbitration proceedings shall be concluded within 60 days of the date of commencement of the arbitral proceedings. The administering authority for the arbitration shall be the Chartered Institute of Arbitrators, UK (Nigerian Branch) and arbitration proceedings shall be held in Lagos, Nigeria and shall be conducted in the English language. The cost of the Arbitration shall be borne by the Parties. Irrespective of the foregoing, Parties are at liberty to approach the Courts empowered with the requisite jurisdiction for the purposes of obtaining preservative orders pending the determination of the arbitration.
Dated 10th October, 2019.