These terms and conditions (“T&C”, “Terms”, “Agreement”) constitute an agreement between FabReads (“Website Operator”, “us”, “we” or “our”) and You (“User”, “you” or “your”). By clicking “ok”, you agree that you HAVE READ, UNDERSTOOD, AND WILL BE BOUND BY THESE TERMS in your use of the FabReads website and any of its products or services (collectively, “Website” or “Services”).
Accounts and Membership
Once a user creates an account on the Website, the user is responsible for the maintenance and security of the account. Users are also fully responsible for all activities that occur under the account and all actions taken in connection with it. FabReads reserves the right to monitor and review new accounts before a user signs in and uses our Services. Providing false contact information of any kind may result in the termination of a user’s account. A user must immediately notify us of any unauthorized use of an account or any other breach of security. FabReads will not be liable for any acts or omissions by a user, including any damages of any kind incurred as a result of such acts or omissions. We reserve the right to suspend, disable, or delete your account (or any part thereof), if we determine that you have violated any provision of this Agreement, or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you MAY NOT re-register for our Services. We also reserve the right to block your email address and Internet protocol address to prevent further registration.
User Content
We shall not claim ownership of any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content you store in your user account for commercial, marketing or any similar purpose. However, you reserve the right to grant us permission to access, copy, distribute, store, transmit, reformat and display the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we hold the right, to, in our own sole discretion, refuse or remove any Content that (in our reasonable opinion), violates any of our policies or is in any way harmful.
Backups
FabReads has the power to perform regular backups of the Website and Content. However, these backups are for our own administrative purposes only and they are in no way guaranteed. You are responsible for maintaining the backups of your data. We SHALL NOT provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Links to other websites
This Website may be linked to other websites. However, we DO NOT directly or indirectly imply any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you purchase an item through the link, an affiliate commission is given to us. We are not responsible for examining or evaluating, and we do not vouch for the content of such websites and what they offer. We do not assume any responsibility or liability for the actions, products, services, and content of any other third party. We advise you to carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. As the use of any of these off-site websites will be at your own peril.
Prohibited uses
In addition to other terms as set forth in this Agreement, you are prohibited from using the Website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on; gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by FabReads or third parties. All rights, titles, and interests in and to such property will remain (as between the parties) solely with FabReads. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of FabReads or FabReads licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any FabReads or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable laws, in no event will FabReads, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) caused, under any theory of liability. Including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if FabReads has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of FabReads and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to FabReads for the one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold FabReads and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
This agreement and all rights and obligations of the parties hereto shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria. If any dispute arises from this agreement, or any matter relating to this agreement cannot be resolved amicably, the dispute will be settled by arbitration. The arbitration proceeding will be held in the English language in Nigeria and conducted in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18, of the Laws of the Federation of Nigeria, 2004, or any other statutory modifications thereto.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form, send an email to [email protected].
This document was last updated on July 1, 2021.