Terms and Conditions
CLOUD 9 MUSIC WEBMOBILE SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE CLOUD9 MUSIC MOBILE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS MOBILE SITE.
These terms and conditions of use (“Mobile Site Terms”) apply specifically to your use of this Mobile Site (the “Mobile Site”), and do not modify in any way the terms or conditions of any other agreement you may have with affiliated online properties. By using this Mobile Site, you certify that you are above the age of 18 years and are lawfully able to accept these Mobile Site Terms. If you are using the Mobile Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Mobile Site Terms on such entity’s behalf, and that such entity agrees to indemnify Cloud 9 Music for abuses of these Mobile Site Terms.
Cloud9 Music is committed to protecting your privacy, and agrees to process any personal data collected from the user in accordance with the Data Protection Act. Unless the User advises Cloud9 Music in writing to the contrary, the User agrees that Cloud9 Music may use any personal data collected from the User for marketing purposes including amongst other things to offer by phone, fax, post, mobile phone, email or other means any further products and/or services Cloud9 Music thinks might be of interest to the User.
Ownership of the Mobile Site and its Content
This Mobile Site is owned by Cloud9 Music. Unless otherwise indicated, all of the content featured or displayed on this Mobile Site, including, but not limited to, text, graphics, data, photographic images, video, audio, illustrations, software, and the selection and arrangement thereof is owned by Cloud9 Music, its licensors, or its third-party content partners. All elements of the Mobile Site, including the Cloud9 Music Content, are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Mobile Site
This Mobile Site and the Cloud9 Music Content are intended for customers of Cloud9 Music. You may not use this Mobile Site or the Cloud9 Music Content for any purpose not related to your business with Cloud9 Music. You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; (b) manipulating or otherwise displaying the Mobile Site or the Cloud9 Music Content by using framing or similar navigational technology; (c) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Cloud9 Music product, content or service if you are not explicitly authorized by such party to do so; and (d) using the Mobile Site or the Cloud9 Music Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Nigeria or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Cloud9 Music has adopted a policy of terminating, in appropriate circumstances and at Cloud9 Music’s sole discretion, accounts which infringe on the intellectual property rights of Cloud9 Music or any third party.
If you believe that any material on the Mobile Site infringes upon any copyright that you own or control, you may file a notification of such infringement using the contact details provided below:
We may give notice of a claim of copyright infringement by means of a general notice on the Mobile Site, electronic mail to a user’s e-mail address, or by written communication sent by post to a user’s physical address.
Cloud9 Music Trademarks, the Cloud9 Music logo, and any other product or service name or slogan contained in the Mobile Site are trademarks of Cloud9 Music and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cloud9 Music or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Cloud9 Music” or any other name, trademark or product or service name of Cloud9 Music without our prior written permission. In addition, the look and feel of the Mobile Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Cloud9 Music and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Mobile Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Cloud9 Music logo or other proprietary graphic of Cloud9 Music to link to this Mobile Site without the express written permission of Cloud9 Music. In addition, you may not frame any Cloud9 Music trademark, logo or other proprietary information, including the Cloud9 Music Content, without Cloud9 Music’s express written approval.
Cloud9 Music makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Web or Mobile Sites accessible by hyperlink from the Mobile Site, or Web/Mobile Sites linking to the Mobile Site. Such Mobile Sites are not under the control of Cloud9 Music and Cloud9 Music is not responsible for the content of any linked Mobile Site or any link contained in a linked Mobile Site, or any review, changes or updates to such Mobile Sites. Cloud9 Music provides these links to you only as a convenience, and the inclusion of any link does not imply association, endorsement or adoption by Cloud9 Music of any Mobile Site or any information contained therein. When you exit the Mobile Site, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any Mobile Site to which you navigate from the Cloud9 Music Mobile Site.
Your participation, correspondence or business dealings with any third party found on or through the Mobile 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 Cloud9 Music shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums & Other Interactive Services or Areas
The Mobile Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Mobile Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Mobile Site any of the following:
- Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, insidious, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Nigerian Communications Commission or any rules of a securities exchange such as the Nigerian Stock Exchange.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, debit and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Cloud9 Music, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Mobile Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Cloud9 Music or its users to any injury or liability of any type.
Cloud9 Music takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cloud9 Music liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Cloud9 Music is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Cloud9 Music has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Cloud9 Music reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Mobile Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Mobile Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Mobile Site in violation of the foregoing violates these Mobile Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Mobile Site. You acknowledge and agree that Cloud9 Music may access, use or disclose any information about you or your use of this Mobile Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Cloud9 Music; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Mobile Site, unless we indicate otherwise, you grant Cloud9 Music and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Cloud9 Music and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Mobile Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Mobile Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Mobile Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Mobile Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Cloud9 Music immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless Cloud9 Music, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Mobile Site, your conduct, your use or inability to use the Mobile Site, your breach or alleged breach of the Mobile Site Terms or of any representation or warranty contained herein, your unauthorized use of the Cloud9 Music Content, or your violation of any rights of another.
THIS MOBILE SITE AND THE CLOUD9 MUSIC CONTENT ARE PROVIDED “AS IS” AND CLOUD9 MUSIC AND ITS EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CLOUD9 MUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS MOBILE SITE OR THE CLOUD9 MUSIC CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS MOBILE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CLOUD9 MUSIC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS MOBILE SITE OR THE CLOUD9 MUSIC CONTENT. WE MAKE NO WARRANTY THAT THE MOBILE SITE OR THE CLOUD9 MUSIC CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Cloud9 Music uses reasonable efforts to ensure the accuracy, correctness and reliability of the Cloud9 Music Content, but we make no representations or warranties as to the Cloud9 Music Content’s accuracy, correctness or reliability.
Cloud9 Music offers a search feature within the Mobile Site. Cloud9 Music explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Cloud9 Music also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Limitation of Liability
IN NO EVENT SHALL CLOUD9 MUSIC, ITS MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MOBILE SITE, THE SERVICES, THE CLOUD9 MUSIC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE MOBILE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CLOUD9 MUSIC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLOUD9 MUSIC’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLOUD9 MUSIC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE MOBILE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CLOUD9 MUSIC FOR ACCESS TO OR USE OF THE MOBILE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Mobile Site or the Cloud9 Music Content shall be submitted to confidential arbitration in Nigerian Courts, and shall take effect in accordance with the laws of Nigeria. It shall be subject to the jurisdiction of the Nigerian Courts. The invalidity, unenforceability or illegality of any part of this Agreement shall not affect the validity or continuation in force of the remainder of this Agreement. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the Nigerian Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Mobile Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Mobile Site Terms, Cloud9 Music reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Mobile Site.
Any waiver of any provision of the Mobile Site Terms will be effective only if in writing and signed by Cloud9 Music. If any clause in these Mobile Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Mobile Site Terms
Cloud9 Music reserves the right to change any of the terms and conditions contained in the Mobile Site Terms or any policy or guideline of the Mobile Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Mobile Site Terms. Any changes will be effective immediately upon posting on the Mobile Site. Your continued use of the Mobile Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Mobile Site Terms whenever you visit one of our Mobile Sites