These terms and conditions (the “Terms of Service") govern your use of the OPA Nigeria Member Center ("ONMC"), a service maintained by the Online Publishers Association Nigeria ("OPAN"). ONMC is a business-to-business service only and the information contained therein is of a business nature only. If an individual is accessing ONMC on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to the terms and conditions contained in this document. “User” or “you” shall refer both to the individual accessing ONMC on behalf of a business entity and any such business entity itself.
READ THESE TERMS CAREFULLY BEFORE USING ONMC. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR OTHERWISE USE ONMC. BY ACCESSING ONMC, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF SERVICE.
Permitted Use and License: Subject to all the terms and conditions contained in these Terms of Service, OPAN hereby grants you a limited, non-exclusive, nontransferable license to use ONMC solely for the purpose of: (i) accessing, downloading and printing data in ONMC for your own, independent, internal business decision making reasons; or (ii) contributing permitted data to ONMC. Only current employees of member companies are granted access to ONMC. Upon termination of employment at a member company, individual forfeits right to access ONMC.
Download Data: Data downloaded from ONMC ("Download Data") may only be used for your own, independent, internal business decision making purposes.
Unauthorized Use: You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on ONMC. You may not take any action to interfere with ONMC or any other user’s use of ONMC, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” ONMC. You may not use ONMC, alone or in combination with other parties, in a manner which is in violation of applicable laws or regulations, including but not limited to, those relating to antitrust, trade regulation, banking or credit matters. You may not resell access to, or the content from, ONMC to any party. You may not use the information contained in ONMC to develop your own product or service, except if for internal use.
Passwords: OPAN shall authorize IDs and passwords at its discretion. Upon requesting a password, you may be required to provide information regarding you or your organization. All information provided to OPAN must be truthful and accurate. The ID and password authorized should be safeguarded at all times and not shared with any other party. Upon a change of User’s responsible personnel in possession of an ID and password, it is the User’s responsibility to update their profile through ONMC. OPAN may, from time to time, monitor the logon times and usage under each ID for the purpose of verifying that the User is the sole holder and user of the ID and to verify compliance with these Terms of Service. To the extent any party under the reasonable control of User gains access to ONMC through use of the ID or by circumventing ONMC security systems, User shall be liable to OPAN for all such use or damage.
Dealings with Third Parties: Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that OPAN shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Links: The Site may provide, or third parties may provide, links to non-OPAN Internet Web sites or resources as a convenience to you (“Third-Party Sites”). Because OPAN has no control over such sites and resources, you acknowledge and agree that OPAN is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by OPAN of such Third-Party Sites. You further acknowledge and agree that OPAN 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 of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
Proprietary Rights: ONMC, and everything incorporated or used in connection with ONMC, including but not limited to web sites, software, data, reports, designs, graphics, text, methods, processes, technology and other intellectual property, are owned exclusively, or authorized for use, by OPAN. By using ONMC, User acknowledges such ownership. Except as expressly permitted in these Terms of Service, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way ONMC or any information contained therein without the prior written consent of OPAN. You do not acquire any right, title or interest in such materials by virtue of accessing ONMC or making permitted uses allowed under these Terms of Service.
Termination of Access: You may terminate your subscription to ONMC at anytime by notifying OPAN in writing. Such termination will be effective five (5) days after confirmation of OPAN’s receipt of such notice. In addition to any right or remedy that may be available to us under applicable laws, we may suspend, limit or terminate your ID and password, or all or a portion of your access to ONMC, at any time with or without notice, in the event we have a good faith belief that you may have violated any portion of these Terms of Service or in the event OPAN changes the way in which ONMC operates or ceases to operate ONMC.
Disclaimer: OPAN makes reasonable efforts to ensure that ONMC operates as intended, however, ONMC is dependent upon the Internet and other services and providers outside of the control of OPAN. By using ONMC, you acknowledge that OPAN does not and cannot guaranty that the operation of ONMC will be uninterrupted, error free or that ONMC and the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. You expressly assume the risk of such problems by using ONMC or by downloading or uploading information from or to ONMC.
ONMC, INCLUDING ALL SOFTWARE, CONTENT, OPERATIONS AND MATERIALS, IS PROVIDED “AS IS”. OPAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE OPERATION OF, OR INFORMATION CONTAINED WITHIN, ONMC. FOR THE AVOIDANCE OF DOUBT, USER EXPRESSLY ACKNOWLEDGES THAT ANY BUSINESS DECISIONS MADE BY USER AS A RESULT OF INFORMATION OBTAINED THROUGH ONMC IS DONE SO AT USER’S OWN RISK BASED ON INDEPENDENT RESEARCH AND ANALYSIS.
Indemnification: User agrees to defend, hold harmless and indemnify OPAN and its business partners, members, customers and affiliates, including their respective parents, subsidiaries, divisions, directors, shareholders, contractors, officers and employees, and each of them, against and from any and all third party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney’s fees and costs), arising out of or in any way connected with (i) any breach by User of these Terms of Service or (ii) any claim based upon your Upload Data or your ultimate use of Download Data, as applicable.
Changes: All information posted on ONMC is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. However, any changes will be posted on ONMC or distributed to you for acceptance. Your continued access of ONMC after such changes conclusively demonstrates your acceptance of those changes.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver; Remedies: The failure of OPAN to partially or fully exercise any rights or the waiver of OPAN of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by OPAN or be deemed a waiver by OPAN of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of OPAN under these Terms of Service and any other applicable agreement between you and OPAN shall be cumulative, and the exercise of any such right or remedy shall not limit OPAN’s right to exercise any other right or remedy.
Entire Agreement: These Terms of Service represent the entire agreement between the parties and supersede any prior agreements, understandings, informational pieces or other descriptions regarding the subject matter herein.
For further enquiries: Should you have any questions regarding these Terms of Service you may contact us at firstname.lastname@example.org.