These terms constitute an agreement between you and The Ibadan Review. Access or use of the platform and/or service for which you seek registration constitutes acceptance of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not register for or otherwise access or use this platform.
The Ibadan Review may change any of the terms in this Agreement at any time. Changes will become effective upon posting. If you do not wish to accept the changes to the terms of this Agreement, you may cancel your access to the platform. Continued use of The Ibadan Review platforms accessed through your The Ibadan Review Account and any other means constitute your acceptance of the terms of the modified Agreement.
1. The platform
The Ibadan Review offers platforms, web applications, mobile applications and other digital assets and services available through the Internet that requires the registration of the end user. This document will refer to these digital assets, including software, products, applications or other services offered in connection with The Ibadan Review web properties, collectively as “the platform”. In the event of a conflict between the terms and conditions of this Agreement, the more specific terms and conditions shall prevail with respect to such conflict and only to platforms governed by such other terms of use.
2. Ownership of the Information, Materials and Software of the platform
You expressly acknowledge and agree that (a) the platform contains information, text, software, photos, video, graphics, music, sounds and other material (called “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called “Intellectual Property Rights”); (b) all right, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to The Ibadan Review or its licensors; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.
- Use of the Information and Materials of the platform
3.1. End User License.
Approval may be granted to all users of the platform that is nonexclusive, personal, and nontransferable and may not be authorised to a third party. Platform First Hand End Users may use, display, and, when such functions are available on the platform, reformat, download, and print Materials obtained through the platform solely for their own personal, non-commercial, educational purposes. Login Credentials (username and password) may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.
3.2. Permitted Uses of Materials.
You may, on an occasional and irregular basis, include insubstantial portions of Materials from the platform in memoranda, reports and presentations, and then only to the extent that such use is for educational purposes and of a non-commercial nature, does not otherwise diminish the pedagogical or commercial value of the Materials, and is otherwise permissible as “fair use”, “fair dealing” or its equivalent under applicable copyright and intellectual property law. In each such instance, you must include proximate to any excerpted Materials all copyright, trademark and other notices from the platform (whether or not included in the particular Materials used), and appropriate source attribution to The Ibadan Review and its licensors.
3.3. Prohibited uses of Materials.
Except as You may be expressly permitted by this Agreement above or pursuant to express written permission obtained from The Ibadan Review, You may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of The Ibadan Review and any other owner of the Intellectual Property Rights in such Materials.
3.3.1 You may not reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the platform to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration.
3.4. Permissions.
If You wish to request permission to reproduce Materials from the platform for other than the specifically authorized learning purpose, or if You have any questions about the proper way to include any notices required under Section 3.2, use the information available to contact the appropriate The Ibadan Review representative. Use of content used under license by The Ibadan Review may require the permission of The Ibadan Review’s licensor. Your use of any Materials by permission must include proximate to the excerpted Materials all copyright, trademark and other notices from the platform (whether or not included in the particular Materials used), and appropriate source attribution to The Ibadan Review and its licensors.
4. Availability of the platform and the Materials.
The Ibadan Review may at any time, with or without notice to you, restrict the use and accessibility of the platform as well as limit the duration and amount of use made of the platform. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances which are beyond The Ibadan Review’s control. The Ibadan Review may change or discontinue any portion, feature, or content of the platform at any time with or without notice to you; however, The Ibadan Review will make reasonable efforts to provide end users notice of significant changes to the platform when feasible and provide alternative materials if substantial portions of the platform are removed. Information and updates about the changes to the platform and its availability are posted regularly.
5. Third Party platforms and Content.
The Ibadan Review assumes no responsibility for any Materials posted by third parties on the platform or accessed on the platform through hypertext or other computer “links” to sites hosted by third parties that are outside of The Ibadan Review’s control (“Third-Party Site”). The Ibadan Review does not endorse products, services or information provided by such third parties and shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any Third Party Site or otherwise posted by third parties on the platform.
6. Restrictions on the Use of the platform. You agree not to use the platform to:
6.1. upload, post, email or otherwise transmit any prohibited End User Content.
6.2. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; including using another person’s Login Credentials
6.3. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form solicitation;
6.4. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the platform, any data or content found on or accessed through the platform or any other The Ibadan Review Materials without the prior express written consent of The Ibadan Review;
6.5. obtain or attempt to obtain through any means any Materials, End User Content, or any other data, content, software or code available on or through the platform (“platform Content”) that have not been intentionally made publicly available either by their public display on the platform or through their accessibility by a visible link on the platform;
6.6. violate any measure employed to limit or prevent access to the platform or platform Content;
6.7. violate the security of the platform or attempt to gain unauthorized access to the platform, platform Content, or computer systems or networks connected to any service of the platform through hacking, password mining or any other means;
6.8. interfere or attempt to interfere with the proper working of the platform or any activities conducted on or through the platform, including accessing any platform Content prior to the time that it is intended to be available to the public on the platform;
6.9. take or attempt any action that, in the sole discretion of The Ibadan Review, imposes or may impose an unreasonable or disproportionately large load or burden on the platform or the infrastructure of the platform;
6.10. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges or to normally post messages, articles, or submissions;
6.11. interfere with or disrupt the platform or servers or networks connected to the platform, or disobey any requirements, procedures, policies or regulations of networks connected to the platform;
6.12. engage in any conduct which otherwise diminishes the pedagogical or commercial value of the Materials.
7. The Ibadan Review Privacy Policy for Disclosure of Demographic and Personal Information
7.1. Demographic Information.
By using the platform, You agree that The Ibadan Review may collect, use, sell, license and otherwise distribute demographic data about Your use of the platform in a form which has been modified so that You may not reasonably be identified to assist in market evaluation, product assessment and improvement, market research and for other purposes as reasonably determined by The Ibadan Review.
7.2. Personal Information.
For the purposes of this Agreement, “Personal Information” means information collected by The Ibadan Review on this platform or otherwise provided by You which contains identifiable information such as Your name, email, physical address, username, password, social security number, financial account numbers, and/or tax, social insurance, or other national identification number.
7.3. Consent.
Consent can be express (for example, electronically by accepting terms describing the intended uses and disclosures of Personal Information) or implied (for example, when You provide Personal Information necessary for a service You have requested). Generally, by providing us with Personal Information, we will assume that You consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Policy, or as otherwise specified at the time of collection.
8. Your Other Responsibilities Concerning Registration for the platform
8.1. By registering for the platform under this Agreement, You certify to The Ibadan Review that: (a) the information You have provided to The Ibadan Review in order to register as an end user is complete, accurate and current; (b) You will notify The Ibadan Review within 15 days of any change in Your registration information; (c) that you consent to the receipt of any notice or process at the email and/or mailing addresses provided by You; and (d) that You will not share Your username and password except as expressly authorized under the terms of Your registration.
8.2. If any of these certifications is or becomes untrue, or if You do not comply in full with these requirements, The Ibadan Review has the right to suspend and/or terminate Your access to the platform.
8.3. You are also responsible for obtaining and using all computer hardware and software required for Your access to and use of the platform and for any charges incurred for Your own access to the platform through an Internet access provider or other third-party platform.
9. Termination of Access
9.1. Your access commences the day you start using the platform for any purpose whatsoever and runs for the specific term defined whether or not the platform is used. Your obligations under this Agreement will exist until said term expires or the access is terminated by you or The Ibadan Review.
9.2. You may terminate this Agreement and Your rights to use the platform at any time and without cause by notifying The Ibadan Review of Your decision to terminate. You may submit notice as outlined in Section 14 (Notice).
9.3. The Ibadan Review may, in its sole and absolute discretion, and with or without notice, suspend Your access to all or any part of the platform, or terminate this Agreement and thus Your rights to use the platform, for any conduct or use (whether by You or anyone else having access under Your username or password) that The Ibadan Review believes is a violation of this Agreement or for any other conduct or use that The Ibadan Review believes is harmful to other end users, The Ibadan Review’s content providers, or to the platform or the interests of The Ibadan Review.
10. Your Remedies.
The Ibadan Review’s entire liability to You, and Your sole and exclusive remedy, regarding the use of the platform shall be the replacement of a username or password if a currently valid username or password fails to allow access to the platform. The Ibadan Review does not provide refunds or replacement access in the event of lost or misplaced access codes.
11. Disclaimer of Warranties
11.1. THE IBADAN REVIEW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PLATFORM. THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE PLATFORM ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE IBADAN REVIEW DISCLAIMS ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING OR RELATING TO PRODUCTS OR PLATFORM FURNISHED TO LICENSEES UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PLATFORM. THE IBADAN REVIEW ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE PLATFORM WILL BE AVAILABLE OR ERROR FREE OR WHETHER ANY INFORMATION ON THE PLATFORM OR ANY PLATFORM WITH WHICH THIS PLATFORM IS LINKED IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF THE INFORMATION, OPINIONS, AND OTHER MATERIALS INCLUDED ON THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11.2. You expressly agree that Your use of the platform is at Your sole risk. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a The Ibadan Review employee, reseller or other representative or otherwise, which is not contained in this Agreement shall be deemed to be a warranty by The Ibadan Review for any purpose or give rise to any liability of The Ibadan Review whatsoever, and You agree that You will not rely on any such statement, information or advice.
11.3. Where The Ibadan Review is a distributor, rather than a publisher, of Materials accessible through the platform, The Ibadan Review exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of The Ibadan Review or its content providers or licensors. Neither The Ibadan Review nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
12. Limitation of Liability
12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE IBADAN REVIEW AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, AND CONTRACTORS (COLLECTIVELY “THE IBADAN REVIEW RELATED PARTIES”) SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LOSSES, EXPENSES OR OTHER LIABILITIES OF WHATEVER NATURE ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM – INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS CAUSED BY YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, PLATFORMS, SOFTWARE OR PRODUCTS OBTAINED ON THE PLATFORM, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR PLATFORMS, OR OTHER LOSSES OF ANY KIND OR CHARACTER RELATED TO YOUR USE OF THE PLATFORM — EVEN IF THE IBADAN REVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR ANY PLATFORM WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK-UP AND VIRUS-CHECKING AS YOU CONSIDER NECESSARY.
12.2 Indemnification by You.
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless The Ibadan Review and the The Ibadan Review Related Parties from and against any and all claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim), incurred or suffered by The Ibadan Review and/or the The Ibadan Review Related Parties, directly or indirectly, by reason of any act or omission which You or any of Your agents, contractors, employees or representatives commit in breach of this Agreement or in violation of any third-party rights or any laws or regulations that may apply to Your use of the platform or any platform Content.
13. Notices, Reporting and Questions
The Ibadan Review may give notice to You by electronic mail, by posting such notice on the platform, or by conventional mail. Notice by The Ibadan Review shall be effective on the date that The Ibadan Review makes a good faith effort to reach You. You shall give notice to The Ibadan Review as stated below. Notice by You shall be effective on the date that The Ibadan Review actually receives the notice.
Notice of change to Your registration information as referenced under Section 8 is to be done through Your online The Ibadan Review Account Profile accessible via the platform
Any questions about this Agreement, the platform, its availability, security or the Materials contained on it (including any concerns or reports regarding broken links, prohibited End User Content, or any other technical or customer support issues) may be reported to the contacts above. If Your question or concern pertains to particular content or links on the platform, please include the originating The Ibadan Review page, any linked page URL and a description of the content in question to ensure The Ibadan Review can quickly respond to the issue.
14. Choice of Law and Forum.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any and all actions, disputes or controversies relating to the Agreement or the platform will be decided by courts of competent jurisdiction, in Nigeria and you consent to the jurisdiction and venue of such courts and irrevocably consent to service of process via email and/or delivered personally or mailed by certified or registered mail.
15. MISCELLANEOUS
In addition to the above agreement the following terms are highlighted and specified.
15.1. The Ibadan Review will never request a physical meeting between any member of our team and a user of our platform
15.2. The Ibadan Review will never ask any user of our platform to pay money into any third party account; except in a case where users are paying subscriptions for the use of certain services/products, which in this case will be stated explicitly on the platform.
15.3. Users have ownership of all content and information THEY post on our platform and they control to whom and how it is shared.
15.4. Users are forbidden from using The Ibadan Review platform for unlawful, misleading, malicious, or discriminatory purposes.
15.5. Users are forbidden from posting any content that is regarded as hateful speech, or that is threatening or pornographic in nature.
15.6. Users are to provide valid information when registering/signing-up on the platform and are expected to update this information should it become obsolete.
15.7. The Ibadan Review is not liable for any incidences that occur as a result of agreements between users of our platform, made on personal basis.
15.8. This Agreement is personal to You, and You may not assign, transfer or delegate Your rights or obligations under this Agreement to anyone. The Ibadan Review may assign or delegate its rights or obligations under this Agreement.
15.9. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable according to its terms.
15.10. You acknowledge that The Ibadan Review will be irreparably harmed by any breach of this Agreement by You or by Your unauthorized use of the platform or platform Content and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that The Ibadan Review shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the platform or platform Content.
15.11. This Agreement is the entire agreement between The Ibadan Review and you with respect to the platform. Headings in this Agreement are for Your convenience only and do not have any legal meaning or effect. If The Ibadan Review waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or The Ibadan Review’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. In addition to being a part of the registration form, this Agreement resides on the platform under the “License Agreement” link so that You may reference it at any time.