Terms of Use
Terms of Use
Phree Media Technology Limited (referred to as PhreeTech”, “Us”, “We” or “Our”) provides the phreetech.com website subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.These Terms were last updated on May 3, 2017. By accessing and using this Site, you agree to these Terms. For an explanation of our practices and policies related to the collection, use, and storage of our users' information, please read our privacy policy.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, partners, sponsors, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents available on this Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. DO NOT ACCESS, DISPLAY, DOWNLOAD OR USE CONTENT OBTAINED ON THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE.
1. Company Intellectual Property
Content: For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by PhreeTech or its Affiliates.
Ownership of Content: By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within Nigeria, and is the sole property of PhreeTech or its Affiliates.
The website displays the following content:
a.Trade marks, service marks, logos, slogans, trade names, icons and custom graphics (the “Trade Marks”) of PhreeTech or its Affiliates.
b.Copyrighted works, including without limitation to literary and artistic works owned by the proprietors of such copyrighted works, including PhreeTech and other third party owners of such Content (the “Content Providers”) as well as certain of the software and processes incorporated into this Site are protected by copyright.
All such rights are protected by Nigerian and International Trademark and Copyright laws. All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by PhreeTech and/or the Content Providers, as the case may be. Nothing in these Terms of Use grants you any right to use any trademark or copyrighted material and/or the name of PhreeTech or its Affiliates.
Limitations on Use of Content: Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement.: Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
2. Content You Create.
Your Intellectual Property Rights:Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), the right to use such information to monitor your access to the Website, respond to enquiries or request and/or to send you information about news items or information relating to the Content, from time to time. The User Information will not be used for any other purpose and will not be sold or otherwise disclosed to any other entity, except those that are affiliated with PhreeTech, and their successors in title.
Information you Submit to us:
You may submit certain information to us. In doing so, you undertake to:
a. Provide and maintain accurate, current and complete information; and
b.Maintain the security of your login details.
We respect the intellectual property rights of others, and we ask you to do the same. In providing us with information, you warrant that:
a.It does not infringe any third party's rights (including without limitation Intellectual Property Rights and rights of privacy);
b.It does not violate any law, statute, ordinance or regulation or legally binding code in any jurisdiction;
c.It does not depict graphic violence, is not pornographic or sexually explicit;
d.It is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
e.It is not intended or likely to cause harm to our computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by us or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us via:
E-mail:[email protected]
Mailing Address:
Attn: Legal Officer
Phree Media Technology Limited
Plot C-1 Rumuogba Residential Estate
(By Genesis Junction)
Aba Road
Port Harcourt, Rivers State
Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the Copyright Act.
Confidential Information: As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by us and will not be returned to you.
3. Email Services & Data Stored on Our Servers
Email Service:Email services are available to users of our Site. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient or as required by law or by court or governmental order. Further information is available in our Privacy Policy.
Spam Prevention.We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.
4.Disclaimer
ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF NON-INFRINGEMENT. ACCORDINGLY, WE SHALL NOT BE LIABLE FOR ANY CLAIMS RELATED TO OR ARISING FROM YOUR USE OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
(A) THE CONTENT WILL MEET YOUR REQUIREMENTS;
(B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, TYPOGRAPHICAL ERRORS OR MALICIOUS CODES. THE USE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE RESERVE THE SOLE RIGHT TO EITHER MAKE CHANGES TO THE CONTENTS OF OR DISCONTINUE THE SITE INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. WE MAY DISCONTINUE A PARTICULAR SERVICE LISTED ON THIS SITE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICE LISTING. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY ALSO INCLUDE, BUT ARE NOT LIMITED TO THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES LISTED ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
5. Limitation of Liability & Indemnification
PhreeTech will not be liable for any direct or indirect loss or damage arising under these Terms or in connection with the Site or the Content, whether arising in tort, contract, or otherwise.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFIT LOSS, CONTRACTS, BUSINESS, GOODWILL, INCOME OR REVENUE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
6. Governing Law and Jurisdiction
This Site (excluding any Third Party websites) is controlled by us from our offices in Nigeria, and the statutes and laws of Nigeria shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal or State High Court in Rivers State, Nigeria.
7. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or if by conventional mail, to our address at:
Phree Media Technology Limited
Plot C-1 Rumuogba Residential Estate
(By Genesis Junction)
Aba Road,
Port Harcourt, Rivers State
Nigeria.
You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party, by courier or if transmitted by confirmed email.
8. Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for delay in providing any service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9. Savings Clause
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
11. Entire Agreement.
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.These Terms were last updated on May 3, 2017. By accessing and using this Site, you agree to these Terms. For an explanation of our practices and policies related to the collection, use, and storage of our users' information, please read our privacy policy.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, partners, sponsors, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents available on this Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. DO NOT ACCESS, DISPLAY, DOWNLOAD OR USE CONTENT OBTAINED ON THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE.
1. Company Intellectual Property
Content: For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by PhreeTech or its Affiliates.
Ownership of Content: By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within Nigeria, and is the sole property of PhreeTech or its Affiliates.
The website displays the following content:
a.Trade marks, service marks, logos, slogans, trade names, icons and custom graphics (the “Trade Marks”) of PhreeTech or its Affiliates.
b.Copyrighted works, including without limitation to literary and artistic works owned by the proprietors of such copyrighted works, including PhreeTech and other third party owners of such Content (the “Content Providers”) as well as certain of the software and processes incorporated into this Site are protected by copyright.
All such rights are protected by Nigerian and International Trademark and Copyright laws. All rights in and to the Copyright and the Trade Marks in the Content is reserved and retained by PhreeTech and/or the Content Providers, as the case may be. Nothing in these Terms of Use grants you any right to use any trademark or copyrighted material and/or the name of PhreeTech or its Affiliates.
Limitations on Use of Content: Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement.: Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
2. Content You Create.
Your Intellectual Property Rights:Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), the right to use such information to monitor your access to the Website, respond to enquiries or request and/or to send you information about news items or information relating to the Content, from time to time. The User Information will not be used for any other purpose and will not be sold or otherwise disclosed to any other entity, except those that are affiliated with PhreeTech, and their successors in title.
Information you Submit to us:
You may submit certain information to us. In doing so, you undertake to:
a. Provide and maintain accurate, current and complete information; and
b.Maintain the security of your login details.
We respect the intellectual property rights of others, and we ask you to do the same. In providing us with information, you warrant that:
a.It does not infringe any third party's rights (including without limitation Intellectual Property Rights and rights of privacy);
b.It does not violate any law, statute, ordinance or regulation or legally binding code in any jurisdiction;
c.It does not depict graphic violence, is not pornographic or sexually explicit;
d.It is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
e.It is not intended or likely to cause harm to our computer systems including that which contains any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by us or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us via:
E-mail:[email protected]
Mailing Address:
Attn: Legal Officer
Phree Media Technology Limited
Plot C-1 Rumuogba Residential Estate
(By Genesis Junction)
Aba Road
Port Harcourt, Rivers State
Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the Copyright Act.
Confidential Information: As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by us and will not be returned to you.
3. Email Services & Data Stored on Our Servers
Email Service:Email services are available to users of our Site. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient or as required by law or by court or governmental order. Further information is available in our Privacy Policy.
Spam Prevention.We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.
4.Disclaimer
ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF NON-INFRINGEMENT. ACCORDINGLY, WE SHALL NOT BE LIABLE FOR ANY CLAIMS RELATED TO OR ARISING FROM YOUR USE OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
(A) THE CONTENT WILL MEET YOUR REQUIREMENTS;
(B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, TYPOGRAPHICAL ERRORS OR MALICIOUS CODES. THE USE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE RESERVE THE SOLE RIGHT TO EITHER MAKE CHANGES TO THE CONTENTS OF OR DISCONTINUE THE SITE INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. WE MAY DISCONTINUE A PARTICULAR SERVICE LISTED ON THIS SITE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICE LISTING. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY ALSO INCLUDE, BUT ARE NOT LIMITED TO THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES LISTED ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
5. Limitation of Liability & Indemnification
PhreeTech will not be liable for any direct or indirect loss or damage arising under these Terms or in connection with the Site or the Content, whether arising in tort, contract, or otherwise.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFIT LOSS, CONTRACTS, BUSINESS, GOODWILL, INCOME OR REVENUE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
6. Governing Law and Jurisdiction
This Site (excluding any Third Party websites) is controlled by us from our offices in Nigeria, and the statutes and laws of Nigeria shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal or State High Court in Rivers State, Nigeria.
7. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or if by conventional mail, to our address at:
Phree Media Technology Limited
Plot C-1 Rumuogba Residential Estate
(By Genesis Junction)
Aba Road,
Port Harcourt, Rivers State
Nigeria.
You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party, by courier or if transmitted by confirmed email.
8. Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for delay in providing any service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9. Savings Clause
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
11. Entire Agreement.
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.