1. Acceptance of Terms
Blackgenie provides several online services, including job ads, forums, classifieds, autos, free email etc (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by Blackgenie from time to time. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Blackgenie services, you agree to abide by any applicable posted guidelines for all Blackgenie services, which may change from time to time. Such changes can occur without prior notification from Blackgenie. Therefore it is advisable to ALWAYS read the present terms of use before carrying out any transaction or making any usage of Blackgenie services. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Blackgenie in any way, your only advisable recourse is to immediately discontinue use of Blackgenie. However, in the course of making use of Blackgenie services, you agree to supply truthful and correct information, without any misrepresentation, knowingly or otherwise. Thereby freeing Blackgenie of any liability for such action, which may be direct, indirect, incidental, accidental, special or consequential and or may or may not result from your use or misuse of the Service, or from inability to use the Blackgenie site or service(s) or the interruption, suspension, modification, alteration or termination of the Blackgenie site or service(s).
2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post or upload, email or otherwise make available via the Service. You understand that Blackgenie does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that some people may find indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Blackgenie site and Content available through the Service may contain links to other websites, which are completely independent of Blackgenie. Blackgenie makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Blackgenie be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Blackgenie does not approve of indecent or offensive Content, and that Blackgenie shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Privacy and Information Disclosure
Blackgenie has established a Privacy Policy to explain to users how their information is collected and used, please see http://www.blackgenie.net/privacypolicy.php Your use of the Blackgenie website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Blackgenie may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Blackgenie, its users or the general public.
4. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Blackgenie employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person's explicit consent.
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Blackgenie sites which are not designated for such purposes; or (2) emailed to Blackgenie users who have requested not to be contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services".
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Nigerian law.
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harrass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Blackgenie computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Blackgenie website.
5. Limitations on service
You acknowledge that Blackgenie may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, uploads either text or graphic, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Blackgenie has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Blackgenie reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Blackgenie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Termination of service
You agree that Blackgenie, in its sole discretion, has the right to delete or deactivate your account, block your email 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, including, without limitation, if Blackgenie believes that you have acted inconsistently with the Terms of Use. Further, you agree that Blackgenie shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
7. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Blackgenie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Blackgenie is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Blackgenie, its officers, employees, agents and successors in rights from 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.
8. Indemnity
You agree to indemnify and hold Blackgenie, its employees, directors, subsidiaries, affiliates, successors, assigns, executives, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by you or any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
9. General information
The Terms constitute the entire agreement between you and Blackgenie and govern your use of the Service, superceding any prior agreements between you and Blackgenie. The Terms and the relationship between you and Blackgenie shall be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions. You and Blackgenie agree to submit to the personal and exclusive jurisdiction of the courts located in Nigeria. The failure of Blackgenie 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, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Violations of Terms of use
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to misuse@blackgenie.net. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Blackgenie liquidated damages as determined by a court of law in Nigeria.
Please email customer@blackgenie.net for more information or use or feedback forum to tell us what and how you feel about Blackgenie.
Blackgenie Advertising Terms and Conditions
Introduction: This Agreement between you and Blackgenie consists of these Terms and Conditions. "You" or "Advertiser" means the entity identified in our enrolment forms, and/or any agency acting on its behalf, which shall also be bound by the terms of this Agreement. Please read very carefully these Terms and Conditions.
Uses: You agree that your ads may be placed on
- blackgenie’s web site (Blackgenie.net) owned and operated by Blackgenie Nigerian Limited or
- Any ads may be modified without your consent to comply with any policy of Blackgenie.
- Blackgenie reserves the right to, and in its sole discretion may, at any time review, reject, modify, or remove any ad. No liability of Blackgenie and/or its owner(s) shall result from any such decision.
- In placing your ads with Blackgenie, such as will be exposed to worldwide viewing and Blackgenie will not be liable for any reaction of any kind owing to the reaction and worldwide publication of same as you undertake to give correct truthful and credible information devoid of any criminal undertone.
Parties' Responsibilities:
You are responsible for your own site and/or service advertised in Blackgenie web site.
You are solely responsible for the advertising image creation, advertising text and for the content of your ads, including URL links.
Blackgenie is not responsible for anything regarding your Web site(s) including, but not limited to, maintenance of your Web site(s), order entry, customer service, payment processing, shipping, cancellations or returns.
Impressions Count:
Any hit to blackgenie's web site is counted as an impression. Due to our advertising price we don't discriminate from users or automated robots. Even if you access to blackgenie's web site and see your own banner ad it will be counted as a valid impression. Only in the case of blackgenie's web site administrator, the impressions will not be counted.
Termination, Cancellation:
Blackgenie may at any time, in its sole discretion, terminate the Campaign, terminate this Agreement, or cancel any ad(s) or your use of any Target. Blackgenie will notify you via email of any such termination or cancellation, which shall be effective immediately. No refund will be made for any reason. Remaining impressions will be stored in a database and you'll be able to request another campaign to complete your inventory. You may cancel any ad and/or terminate this Agreement with or without cause at any time. Termination of your account shall be effective when Blackgenie receives your notice via email. No refund will be made for any reason. Remaining impressions will be stored in a database for future uses by you and/or your company.
Content:
Blackgenie web site doesn't accept advertising that contains:
- pornography
- Explicit adult content
- Moral questionable content
- Illegal content of any kind
- Illegal drugs promotion
- Racism
- Religious fanatical content, and/or
- Fraudulent suspicious content.
- Materials of occultic nature
If your advertising and/or target web site has any of this content and you purchased an advertising package, you'll not receive refund of any kind but your banners ads impressions will be stored for future use.
Confidentiality:
Each party agrees not to disclose Confidential Information of the other party without prior written consent except as provided herein. "Confidential Information" includes
- ads, prior to publication,
- Submissions or modifications relating to any advertising campaign,
- Clickthrough rates or other statistics (except in an aggregated form that includes no identifiable information about you), and
- Any other information designated in writing as "Confidential." It does not include information that has become publicly known through no breach by a party, or has been
- Independently developed without access to the other party's Confidential Information;
- Rightfully received from a third party; or
- Required to be disclosed by law or by a governmental authority.
No Guarantee: Blackgenie offers no guarantees regarding the levels of clicks for any ad on its site. Blackgenie may offer the same Target to more than one advertiser. You may not receive exclusivity unless special private contract between Blackgenie and you.
No Warranty: BLACKGENIE MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability: In no event shall Blackgenie be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of Advertiser, Partner, or any third parties (if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER,
- IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND
- BLACKGENIE'S AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO BLACKGENIE BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM.
Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
Payment: You agree to pay in advance the cost of the advertising. Blackgenie will not setup any banner ads campaign(s) unless the payment process is complete. Blackgenie may change its pricing at any time without prior notice. If you have an advertising campaign running and/or impressions stored for future use for any mentioned cause and Blackgenie changes its pricing, you'll not need to pay any difference. Your purchased banners fee will remain the same. Charges shall be calculated solely based on records maintained by Blackgenie. No other measurements or statistics of any kind shall be accepted by Blackgenie or have any effect under this Agreement.
Representations and Warranties: You represent and warrant that
(a) All of the information provided by you to Blackgenie to enrol in the Advertising Campaign is correct and current;
(b) you hold all rights to permit Blackgenie and any Partner(s) to use, reproduce, display, transmit and distribute your ad(s); and
(c) Blackgenie's and any Partner(s) Use, your Target(s), and any site(s) linked to, and products or services to which users are directed, will not, in any state or country where the ad is displayed
- Violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights or rights relating to the performance of music; or
- Encourage conduct that would violate any criminal or civil law.
You further represent and warrant that any Web site linked to your ad(s)
- complies with all laws and regulations in any state or country where the ad is displayed;
- Does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and
- Is not false, misleading, defamatory, libelous, slanderous or threatening.
Your Obligation to Indemnify: You agree to indemnify, defend and hold Blackgenie, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Advertising Program, your Web site, and/or your breach of any term of this Agreement. Customer understands and agrees that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
Information Rights: Blackgenie may retain and use for its own purposes all information you provide, including but not limited to Targets, URLs, the content of ads, and contact and billing information. Blackgenie may share this information about you with business partners and/or sponsors. Blackgenie will not sell your information. Your name, web site's URL and related graphics shall be used by Blackgenie in its own web site at any time as a sample to the public, even if your Advertising Campaign has been finished.
Miscellaneous: Any decision made by Blackgenie under this Agreement shall be final. Blackgenie shall have no liability for any such decision. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Blackgenie in collecting unpaid amounts under this Agreement. This Agreement shall be governed by the laws of the Federal Republic of Nigeria. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Nigeria with strict and particular reference to all Nigerian laws relevant to the subject matter of the this Agreement. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Blackgenie and without any refund. The relationship(s) between Blackgenie and the "Partners" is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be construed as if both parties jointly wrote it and will be subscribed to by any willing Advertiser who will be bound by such a subscription to all the terms and conditions of this agreement.
Lagos , January 2006. |
