TERMS OF USE FOR MERCHANTS ON AFRIKANCOMICS

OVERVIEW

Welcome to the Afrikancomics.com website (the "Afrikancomics.com Site"), a website owned and operated by 1704 productions, a Company incorporated pursuant to the Laws of the Federal Republic of Nigeria.

YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR AFRIKAN COMICS MERCHANTS APPLICATIONS AND SERVICES SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS (“TERMS”). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS A CONTRACT SIGNED IN WRITING.

PLEASE NOTE THAT THESE TERMS APPLY, REGARDLESS OF THE MEANS OF DELIVERY OF THE SITE TO YOU. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS (AS MODIFIED FROM TIME TO TIME). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THE SITE.

PLEASE NOTE THAT WE MAY CHANGE THESE TERMS FROM TIME TO TIME WITHOUT NOTICE SO YOU SHOULD REVIEW THEM EACH TIME THAT YOU VISIT THE SITE.

UPDATED JULY 25, 2018

1. APPLICABILITY

These Terms of Use do not apply to any website, mobile and touch version, or electronic service that is accessed or products that are purchased by any through AfrikanComics.com which access, use, purchase, or relationship is governed by the Afrikan Comics Terms located here and the Privacy Statement located.

IMPORTANT. THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) BETWEEN YOU AND AFRIKAN COMICS. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL CONTROL.

2. ACCEPTANCE OF TERMS OF USE

Afrikan Comics operates the Site. By using the Site, any service provided through the Site, or installing mobile or touch versions that allow access to content or services provided through the Site, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY GROUPON SERVICE OFFERED THROUGH THE SITE.

3. PERMITTED USES

The Site provides information for prospective and current merchant partners about how Afrikan Comics promotion and marketing services can help your business effectively advertise its goods and services to new and existing customers through Afrikan Comics platform. As a condition of your use of the Site, you agree that:

  • You are an individual person at least 18 years of age.
  • You possess the authority to create a binding legal obligation.
  • Your use of the Site will at all times comply with these Terms of Use.
  • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it.
  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete.

4. AVAILABILITY OF THE SITE

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. Afrikan Comics retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

5. OWNERSHIP OF THE SITE AND TRANSMISSION OF INFORMATION

The content and information on the Site (“Content”) as well as the infrastructure used to provide the Content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Afrikan Comics and the Site while it is being transmitted. In addition, Afrikan Comics is not responsible for any data lost during transmission.

6. YOUR CONDUCT ON OUR SITES

The Site and other websites operated by Afrikan Comics that is available to End Users is private property (collectively, the “Afrikan Comics sites”). All interactions on the Afrikan Comics Sites must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using or enjoying any part of the Afrikan Comics Sites, we may limit your privileges on the Site and seek other remedies.

PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES– they are prohibited on the Afrikan Comics Sites and constitute express violations of these Terms of Use:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Afrikan Comics Sites or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Afrikan Comics Sites and any and all functions and services provided by Afrikan Comics;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Afrikan Comics Sites;
  • Using the Afrikan Comics Sites or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Afrikan Comics, without Afrikan Comics prior written consent;
  • Reselling or repurposing your access to the Afrikan Comics Sites;
  • Using the Afrikan Comics Sites or any of its resources to solicit Afrikan Comics customers, merchants or other business partners of Afrikan Comics to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Afrikan Comics, including without limitation, aggregating current or previously offered deals;
  • Using any Afrikan Comics customer or merchant information that is not your information from the Afrikan Comics Sites for any commercial purpose, including, but not limited to, marketing;
  • Offering vouchers or otherwise using any Afrikan Comics account to offer vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and Afrikan Comics;
  • Accessing, monitoring or copying any content or information from any Afrikan Comics Sites using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on any Afrikan Comics Sites or bypassing or circumventing other measures employed to prevent or limit access to the Afrikan Comics Sites;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting the Afrikan Comics Sites;
  • Aggregating any live or post-feature content or other information from the Afrikan Comics Sites (whether using links or other technical means or physical records associated with purchases made through the Afrikan Comics Sites) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of the Afrikan Comics Sites (including, without limitation, the purchase path for any voucher) without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Afrikan Comics, our other merchants or our services; or
  • Hyperlinking to the Afrikan Comics Sites from any other website without our initial and ongoing consent.

7. BREACH

Without limiting any other remedies, Afrikan Comics may unilaterally decide, without notice, and without refunding any fees, delay or immediately remove Content, warn Afrikan Comics community of a merchant/Supplier's actions, issue a warning to a Supplier, temporarily suspend a Supplier, temporarily or indefinitely suspend a Supplier's account privileges, terminate a Supplier's account, prohibit access to the Site, and take technical and legal steps to keep a Supplier off the Site and refuse to provide services to a Supplier if any of the following applies:
investigation, or otherwise a Supplier has breached this Agreement, the Privacy Policy, the Supplier policy or other policy documents and community guidelines incorporated herein; Afrikan Comics is unable to verify or authenticate any of your personal information or Content; or Afrikan Comics believes that a Supplier is acting inconsistently with the letter or spirit of Afrikan Comics policies, has engaged in improper or fraudulent activity in connection with the actions may cause legal liability or financial loss to v Suppliers or to Afrikan Comics.

8. PAYMENTS AND REVENUE SHARE

As consideration for the services you purchased, you agree to pay Afrikan Comics the applicable service(s) fees set forth on our Web site, or as otherwise provided by Afrikan Comics concurrently with this Agreement, at the time of your selection, or, if applicable, upon receipt of your invoice from Afrikan Comics. All fees are due immediately and are non-refundable, except as otherwise expressly noted herein or in one or more attached Schedules.

Afrikan Comics will invoice and collect advertising fees from Advertisers. Afrikancomics shall be entitled to 5% commission made of each trade item by Merchant, after Tax deduction. Afrikan Comics shall, by method of self-billing, pay Merchant its agreed share of the revenue under this Agreement within forty-five (45) days of the end of the month. Calculations of revenues and agreed revenue share, statistics etc. will be based on data generated from and by the Afrikan Comics Network. Payments shall be done to the bank or credit card account provided by merchant. Any outstanding debt balance exceeding 10, 000 Naira or its equivalent on Dollars must in full be claimed by merchant or its authorized officers within three (3) months from when it was due. Outstanding debt balance less than 10, 000 Naira or its equivalent on Dollars must in full be claimed by merchant within six (6) months from when it was due. Merchant will not be reimbursed for any outstanding debt if not claimed within the set-out periods above. Merchant revenue share, as applicable from time to time, is disclosed on Merchant Account.

9. MODIFICATION OF THESE TERMS OF USE

We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services, we will notify you by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such changes. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

10. COPYRIGHT AND TRADEMARKS

Everything located on or in the Afrikan Comics Sites is the exclusive property of Afrikan Comics or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR ANY PORTIONS OR AREAS OF THE GROUPON SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF AFRIKAN COMICS IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The Afrikan Comics Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Afrikan Comics Sites are protected by copyright as a collective work under the Nigerian copyright laws. Afrikan Comics owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Afrikan Comics or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Afrikan Comics is a trademark of 1704 productions. It, together with other trademarks that are located within or on the Afrikan Comics Sites otherwise owned or operated in conjunction with Afrikan Comics shall not be deemed to be in the public domain but rather the exclusive property of Afrikan Comics, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Afrikan Comics unless otherwise stated.

You will not upload, post or otherwise make available on the Afrikan Comics Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Afrikan Comics does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Afrikan Comics Sites, you warrant that the owner of such material has expressly granted Afrikan Comics the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for such End User’s personal use. You also grant Afrikan Comics the right to edit, copy, publish and distribute any material that you make available on the Afrikan Comics Sites.

11. UNSOLICITED IDEAS

We do not accept or consider, directly or through any Afrikan Comics employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

  • Afrikan Comics has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
  • Afrikan Comics will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

12. DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER AFRIKAN COMICS, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFRIKAN COMICS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL AFRIKAN COMICS, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE GROUPON SITE OR THESE TERMS OF USE.

14. COMMUNICATIONS AND MARKETING

Afrikan Comics may allow you to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Afrikan Comics Sites from time to time (collectively “Communities”). Afrikan Comics shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Afrikan Comics, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Afrikan Comics shall have the right, but not the obligation, to remove any material from the Communities that Afrikan Comics, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Afrikan Comics.

You may have the opportunity to request additional information about Afrikan Comics’ services, register for merchant newsletters, or otherwise make inquiries by submitting your business contact information through the Site. You agree that we may use your contact information to provide you with the information you requested. You also consent to us using and sharing your contract information to make, and allow others on our behalf to make, unsolicited marketing calls and send you postal and electronic communications (e.g., emails) with information about Afrikan Comics and our business partner’s products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research.

15. WEBSITES OF OTHERS

The Site may contain links to websites maintained by other parties not affiliates with Afrikan Comics. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

16. PUBLIC NATURE OF YOUR STATEMENTS

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Afrikan Comics services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Afrikan Comics does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Afrikan Comics Sites are not confidential.

17. LICENSE GRANT

By posting Statements or other information on or through the Communities, you grant Afrikan Comics a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

18. INDEMNIFICATION/RELEASE

You agree to defend, indemnify and hold harmless Afrikan Comics, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services provided by you in connection with the Afrikan Comics Sites, your Statements, or any use of the Site in violation of these Terms of Use. You are solely responsible for your interactions with your customers and other users of the Afrikan Comics Sites. To the extent permitted under applicable laws, you hereby release Afrikan Comics from any and all claims or liability related to any product or service you make or offer to End Users, your Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a Afrikan Comics, and any conduct or speech, whether online or offline, of any other user or merchant.

19. JURISDICTION AND APPLICABLE LAW

These Terms and any dispute or claim arising out of or in connection with them or 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. The courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.

20. OUT-OF-COURT SETTLEMENTS

We also engage in out-of-court settlements before consumer arbitration bodies under the regulation Arbitration Act Nigeria, 1996.

21. TERMINATION.

Either party may terminate the agreement with seven (7) days advance written notice for all or any of the merchants’ Websites without any further obligation or payment except with respect to that portion of any fee due with respect to the placement of the Newsfeed, including Publisher’s Share, as appropriate, up to and including the effective date of termination.

In the event of termination, Publisher must remove Provider Newsfeed within 24 hours of the effective date stated in the notice. Newsfeed Provider is not liable for payment of any fees beyond the effective date of termination.