PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU (“End Users”, “Authors” , “Affiliate Agents”, and “Publishers” as defined below) AND Naijabeauty.
By using the service available at www.naijabeauty.co.uk and affiliated domains (the “Site”), You agree to the terms governing the applications, features and functionality available on or through the Site (The “Service”). If you do not agree with these terms, do not use the service.
The following describes how users of the Site who review or purchase downloadable digital books (“End Users”) can download material and how they may review or use that work by the person or entity who posted the work (the “Author” or “Publisher”). For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably. The term “Affiliate Agent” refers to the performance-based marketer who markets Naijabeauty’s services and works to earn rewards for each customer brought by the affiliate’s own marketing efforts.
Any user of this Site who downloads, reads or previews any Work on the Site is referred to as an “End User.”
1. End Users. “End-Users” include authors, publishers and customers. Customers are those who pay whichever fee is set by the Author to purchase or download a Work. Customers are allowed to use each copy of the Work for their personal enjoyment in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
1a. Rights of Use.
1. Purchased works: As End User, you acknowledge that all Work furnished by Naijabeauty is licensed for the use of the End Users of the Site and may not be sublicensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.
1b. Fees and Services. By using the Site the End User ebook customer is agreeing to pay the fees as presented by Naijabeauty and set by the Author or Publisher at the time of purchase. The Author sets the price for their individual Works. End User will have an opportunity to review and accept the fees for the purchase End User is requesting prior to payment. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in Naira. You are responsible for paying all fees and applicable taxes associated with your use of the Site.
1c. While using the Site, Services or Work, End Users agree to not:
• violate any laws, third party rights, or any policies which we have posted on the Site from time to time;
• upload any material which violates this Terms of Service;
• use the Site, Service or Work if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• circumvent or manipulate our fee structure or the billing process;
• use robots, spiders, shills or other methods in an attempt to unfairly game the site’s ranking systems for downloads, reviews and sales, or hire others to do the same
• distribute viruses, malware or any other technologies that may harm Naijabeauty, or the interests or property of Smashwords users;
• copy, modify, or distribute content from the Site, or Naijabeauty’s copyrights and trademarks;
• engage in abusive or profane behavior toward Naijabeauty, its employees, its authors, fellow users or affiliates;
Without limiting other remedies, we may limit, suspend, or terminate the Naijabeauty member accounts, revoke earnings, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service and take technical and legal steps to keep users off the Site if we think that they are creating problems or legal liabilities, or acting inconsistently with the letter or spirit of our policies.
2. Ownership. You acknowledge and agree that the Naijabeauty Site and Service are proprietary to Naijabeauty and that the Work is proprietary to the Author; that none are proprietary to End User.
3. Termination. Either party may terminate this Agreement at any time without notice. Registered Naijabeauty members may cancel their membership at any time, and published Naijabeauty authors may unpublish their book listings at any time.
4. Indemnification.
4a. General. You (Author, Publisher or End User) agree to indemnify and hold Naijabeauty and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
4b. Events Voiding Warranty. Naijabeauty does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications or mis-configurations to the Naijabeauty Environment, or (e) any other abuse or misuse by the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.
4c. WARRANTY DISCLAIMER. All Works and the Service is provided to End Users “AS IS” and “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE NAIJABEAUTY SERVICE OR ANY MODIFICATIONS THERETO OR THE WORK IS WITH END-USERS. NAIJABEAUTY DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT NAIJABEAUTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
4d. LIMITATION ON DAMAGES. IN NO CASE SHALL NAIJABEAUTY BE LIABLE TO END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
