For the purposes of these Terms and Conditions, “NYPF” means NIGERIAN YOUNG PROFESSIONALS FORUM, a not-for-profit organization with headquarters located at Plot 3397B Mungo Park Close, Off Jesse Jackson Street, Asokoro Extension, Abuja, Nigeria.
COMMUNICATION AND ACCESS
Nypforum.org provides users with access to resources, a job board, events portal, marketplace services and member search services through its website which may be accessed through any various medium or device now known or hereafter developed (the “Service”).
You understand and agree that the Service may include certain communications from NYPF, such as service announcements, administrative messages and the newsletter. You understand and agree that these communications are considered part of NYPF membership and, with the exception of the Newsletter, you will not be able to opt out of receiving them while you have an NYPF account. NYPF may, at its option, provide you with notices, either by email, regular mail, or postings on the Service. If you desire to withdraw your consent to receive any such communication, you must immediately discontinue your use of this Service and request the deletions of your NYPF account.
NYPF is not responsible for spam filters blocking confirmation emails. Registrants assume all responsibility for locating and securing confirmation emails after registration, and for contacting NYPF in the event that a confirmation email is not received.
You are solely responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees. In addition, you must provide and are solely responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Federal Republic of Nigeria or any other jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if NYPF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NYPF has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). NYPF is concerned about the safety and privacy of all its users, particularly children. When you create an NYPF account, you certify that you are at least 18 years old.
YOUR ACCOUNT, PASSWORD AND SECURITY
You will create a password and receive an account designation upon completing the Service’s registration process. You are solely responsible for maintaining the confidentiality of your password and account, and are solely responsible for all activities that occur under your password or account. You agree to (i) immediately notify NYPF of any unauthorized use of your password, account designation or any breach of security or this Agreement, and (ii) assume sole responsibility for ensuring that you exit from your account at the end of each session. In no event shall NYPF be liable for any loss or damage arising from your failure to comply with this Agreement.
You understand that all information, including without limitation, all data, text, software, sound, photographs, graphics, video, messages or other materials (collectively “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NYPF, are solely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. Except otherwise specified in this Agreement, you do not receive any license, right or ownership right to any Content not created by you.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or illegal;
- contribute to the harm or detriment of any minor;
- impersonate any person or entity, including, but not limited to, an NYPF employee or agent, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available or use any Content you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available or use any Content that infringes any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right (“Rights”);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains any software virus, any other malicious data or computer code, file or program designed to interrupt, destroy, limit or otherwise interfere with the performance or functionality of any computer software, hardware, telecommunication equipment, or the property of any person;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service, computer server or network connected to the Service, or disobey any requirement, procedure, policy or regulation of any network connected to the Service;
- violate any applicable local, state, national or international law, including, but not limited to, Nigerian export laws and regulations, any rule or regulation of the Nigerian Securities and Exchange Commission, or any rule or regulation of any national or other securities exchange.
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Nigerian government as a foreign terrorist;
- “stalk” or otherwise harass another; and;
- collect or store personal data about other users
You acknowledge, consent and agree that NYPF may access, preserve and disclose your account information and Content if required to do so by law or on good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to any claim that any Content violates the right of any third party; (iv) respond to your requests for customer service; or (v) protect any right, property or business interest of NYPF, its advertisers, users or the public.
You understand the Service may include security components that permit digital materials to be protected, and use of these security components is subject to usage rules set by NYPF and/or content providers to the Service. You may not attempt to override, disable, modify or circumvent any of the usage rules embedded in the Service.
Actual or attempted unauthorized use of any of the Service may result in criminal and/or civil prosecution. For your protection, NYPF reserves the right to view, monitor, and record activity on the Service without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Service. NYPF will also comply with all court orders involving requests for such information.
CONTENT SUBMITTED OR MADE AVAILABLE
NYPF does not control the Content posted on the Service, guarantee the accuracy, integrity or quality of any Content, or endorse any Content. You agree and acknowledge that by using the Service, you may be exposed to Content that you believe is offensive, indecent or objectionable. Under no circumstances will NYPF be liable in any way for any Content, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Service.
You agree and acknowledge NYPF does not pre-screen Content, but NYPF has the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content on the Service. Without limiting the foregoing, NYPF shall have the right to remove any Content that violates this Agreement or is otherwise, in NYPF’s sole discretion, offensive, illegal or objectionable. You agree and acknowledge you are solely responsible for evaluating, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You further agree and acknowledge that you should not rely on any Content created by NYPF or submitted to NYPF, including without limitation information in NYPF Message Boards, and in all other parts of the Service.
NYPF does not claim ownership of data you submit or make it available for inclusion on the Service. For any Content you submit or make available on the Service, you hereby grant NYPF an irrevocable, worldwide, royalty free, perpetual and non-exclusive right and license(s), to use, display, modify, distribute, reproduce, adapt, publicly perform or publicly display any and all such Content as NYPF deems fit.
CONTENT NOT TO BE CONSTRUED AS SOLICITATION OR RECOMMENDATION; NO DETERMINATION OF SUITABILITY; NOT ALL RISK DISCLOSED
The material on the Service is for informational purposes only, and is not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the information and material on the Service is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. References to any specific securities or investment advice of any kind do not constitute an offer to buy or sell securities. The past performance of an investment or investment strategy cannot guarantee its future performance.
PAYMENT METHODS AND BILLING
The fees for your Account will be billed from the date you choose a product and on each yearly renewal thereafter unless and until you cancel your account. NYPF will automatically bill your credit card each year on the calendar day corresponding to the commencement of services. You acknowledge that the amount billed each year may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. NYPF may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. NYPF may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by contacting us. If your credit card reaches its expiration date, your continued use of NYPF constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
If any fee is not paid in a timely manner, or if NYPF is unable to process your transaction using the credit card information provided, NYPF reserves the right to revoke any and all services provided and cancel your account. If your account is canceled by NYPF due to non-payment, additional fees may be required to reinstate your account including; collection charges, late fees and/or other additional service-related fees necessary to reestablish your account. Discount codes are assigned by NYPF. NYPF reserves the right to cancel any registrations using unauthorized discount or access codes.
CANCELLING YOUR ACCOUNT
Your NYPF Account will continue in effect unless and until it is terminated by NYPF or you cancel your Account. You must cancel your Account before it renews each year in order to avoid billing of the next year’s fees to your credit card. NYPF will bill the yearly fees associated with your Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information). NYPF DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your NYPF Account at anytime and cancellation will be effective immediately. If you wish to cancel your Account you may do so by contacting us via email at email@example.com. Should you elect to cancel your Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees. By signing up for a NYPF Account and providing NYPF with your payment account information, you hereby agree to these payment terms and conditions.
All refund requests must be received in writing. To request a refund, please email firstname.lastname@example.org with the subject line “NYPF Refund Request.” Any refunds that are approved will be issued via credit card or check within 30 days upon receipt.
You unconditionally represent, warrant, and covenant to indemnify, defend, and hold harmless NYPF, and its subsidiaries, affiliates, officers, directors, employees, suppliers, agents, advertisers and co-branders, from any lawsuit, claim, demand or judgment, including reasonable attorneys’ fees, made by any third party as a result of or arising out of any Content you submit, post, transmit or make available through the Service, your use of the Service, your network connection to the Service, any violation by you of this Agreement, or any violation by you of any other party’s right.
ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, state, national and international laws and regulations. While NYPF has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed. Accordingly, NYPF and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. NYPF and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the website.
NO COMMERCIAL USE OF INFORMATION GATHERED FROM NYPF
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NYPF may establish general practices and limits concerning use of the Service. You agree that NYPF has no responsibility or liability for the deletion or failure to store any messages, postings or other Content maintained or transmitted by the Service. You acknowledge that NYPF reserves the right to delete any account that is inactive for an extended period of time. You further acknowledge that NYPF reserves the right to modify general practices and limits from time to time without notice to you.
MODIFICATION OF SERVICE
NYPF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that NYPF shall not be liable to you for any modification, suspension or discontinuance of any Service or part thereof.
SUSPENSION AND TERMINATION
You agree and acknowledge NYPF may, without notice, suspend or terminate your NYPF account, any associated email address, and your access to the Service. Cause for any such suspension or termination shall include, but not be limited to, (i) any breach or violation of this Agreement, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) your engagement in any fraudulent or illegal activity, and/or (viii) nonpayment of any fees owed by you in connection with the Service. Suspension or termination of your NYPF account includes (i) removal of access to all offerings within the Service, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) discontinuance of your use of the Service. You agree any suspension or termination shall be made in NYPF’s sole discretion and NYPF shall not be liable to you or any third-party for any suspension or termination of your account, any associated email address, or access to the Service.
DEALINGS WITH THIRD PARTIES
Your contact, correspondence or business dealings with any third party found on or through the Service, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with any such dealing, are solely between you and the advertiser or third party. You agree that NYPF shall not be responsible or liable for any loss or damage of any sort resulting from or related to any such contact, correspondence, or business dealings.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NYPF has no control over such sites and resources, you acknowledge and agree that NYPF is not responsible for any such link, external site or resource, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such link, external site or resource. You further acknowledge and agree that NYPF shall not be responsible or liable, directly or indirectly, for any damage, loss or harm caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products or other materials available on or through any such link, external site or resource.
NYPF’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by intellectual property rights and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual rights and laws.
NYPF grants you a personal, non-transferable, non-exclusive, revocable right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface or Software that is provided by NYPF for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND ACKNOWLEDGE YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NYPF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NYPF DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE INFORMATION OR RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR (vi) ANY ADVICE, INFORMATION, SERVICE OR GOOD ADVERTISED IN, OFFERED BY OR RECEIVED FROM THE SERVICE OR ANY LINK PROVIDED BY THE SERVICE IS COMPLETE, ACCURATE, RELIABLE OR ERROR-FREE.
ANY MATERIAL DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM RELATING TO OR RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY HARM, DAMAGE, LOSS OR INJURY TO YOUR COMPUTER SYSTEM, NETWORK, OR OTHER PROPERTY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE.
LIMITATION OF LIABILITY
YOU UNCONDITIONALLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL NYPF BE LIABLE FOR ANY DIRECT LOSS, DAMAGE OR INJURY WHETHER THE LOSS, DAMAGE OR INJURY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LAW, OR OTHER THEORY, EVEN IF NYPF HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSION OF DAMAGES
IN NO EVENT SHALL NYPF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER THE ALLEGED DAMAGE IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, INCLUDING, WITHOUT LIMITATION, (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE EVEN IF NYPF HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR INJURY.
IN NO EVENT SHALL NYPF’S AGGREGATE LIABILITY FOR ANY CLAIM OR DAMAGE OF ANY NATURE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO NYPF FOR THE SERVICE GIVING RISE TO THE CLAIM FOR THE ONE (1) YEAR PERIOD OF TIME IMMEDIATELY PRECEDING THE DATE NYPF IS GIVEN WRITTEN NOTICE OF ANY CLAIM.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree you shall not have any third party beneficiary to this Agreement.
NYPF, NYPF LOGO, NYPFORUM.ORG and all other design marks and slogans are trademarks, service marks, or intellectual property of NYPF. All other product and service marks contained in the Service are the trademark, service mark or intellectual property of their respective owner. You may not use any NYPF Mark or any third party trademark, service mark or intellectual property without the prior written consent of NYPF or the applicable owner.
INTELLECTUAL PROPERTY INFRINGEMENT
NYPF respects the intellectual property of others, and we require our users to do the same. NYPF may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of any user that infringes or threatens to infringe upon any intellectual property right. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please email NYPF at email@example.com for an address to send a signed hardcopy letter with the following information: (i) your name, address, telephone number, and email address; (ii) a description of the copyrighted work or other intellectual property you claim has been infringed; (iii) a description of the material you claim is infringing, including its location on the Service; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in your letter is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ABOUT THIS AGREEMENT
This Agreement is the complete and exclusive agreement between NYPF and you regarding this subject matter and supersedes all prior agreements and all communications, whether written or oral, between the parties. This Agreement may be amended, changed, or revised by NYPF without notice. Any such amendment, change or revision will be posted on this web site by NYPF. You agree to monitor this web site for any amendment, change or revision, and to be bound by any such amendment, change or revision. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of NYPF. A waiver of any violation or failure to enforce any provision of this Agreement by NYPF shall not constitute a waiver of any rights with respect to this Agreement.
The validity, construction, interpretation, and performance of this Agreement shall be governed and construed by the laws of the Federal Republic of Nigeria, exclusive of its rules regarding conflicts of law. Any suit or cause of action with respect to this Agreement may only be brought in the Federal Republic of Nigeria. English shall be the governing language of this Agreement.
All terms and conditions of this Agreement are severable. If any term or provision, or any portion thereof, of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions shall not be affected.
Section headings are intended for convenience only and shall not be used in the interpretation of this Agreement.
You agree any claim or cause of action you may have arising out of this Agreement or related to use of the Service must be filed within one (1) year after the date of the damage, loss or injury giving rise to any such claim or cause of action or your claim or cause of action will be forever barred.
In no event shall NYPF be liable to you or any other party for any damage, loss or injury beyond the reasonable control of NYPF, including, without limitation, any strike, stoppage in labor, riot, fire, flood, ice, invasion, civil war, insurrection, blockades, embargoes, sabotage, epidemics, explosions, military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action, or order of any civil or military authority, including orders of governmental and administrative agencies which conflict with the terms of this Agreement, or acts of God or public enemies.
Please report any violation of this Agreement by writing to firstname.lastname@example.org