Effective date: May 01, 2020
Welcome to Listngist, a listicle and news, information and communication service available on the Internet’s World Wide Web and through other digital means, such as listngist mobile apps. The service combines all materials that can be found various electronic platforms (website and app).
This terms and conditions of service (this “Agreement”) governs your use of all digital products and services from Listngist , and in some cases, the android app for Listngist, unless other terms and conditions expressly govern.
If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained below.
REVISIONS TO TERMS AND CONDITIONS
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the terms and conditions link provided on the services. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.
COST & PAYMENTS
You must be 18 years of age or older to purchase a subscription to Listngist Listcles & News or any other content, product, or service offered by us through the Service for a fee. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by cheque or online transfer, we will bill all charges automatically to your debit/credit card. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you need to update your debit/credit card details or you want to use a different debit/credit card, please contact our digital advert executives at https://listngist.com.ng/advert-rates/ to make changes. If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by contacting us through any of our digital advert executives at https://listngist.com.ng/advert-rates/. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.
RENEWAL & CANCELLATION
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your debit/credit card unless you pay by check.
NO CANCELLATION POLICY FOR SUBSCRIPTION BUNDLES. THE INITIAL TERM OF SUBSCRIPTION(S) TO A DEVICE BUNDLE IS NON-REFUNDABLE AND NON-CANCELLABLE. YOU HAVE AN UNQUALIFIED OBLIGATION TO PAY EACH PAYMENT DUE FOR YOUR SUBSCRIPTION.
4.2.1 Cancellation Policy for other subscriptions
We may cancel your subscription at any time upon notice to you. You may cancel your subscription prior to any renewal term by contacting us through any of our digital advert executives at https://listngist.com.ng/advert-rates/
AVAILABILITY OF SERVICE THROUGH OTHER PLATFORMS
5.1 Third Party Payment Services
If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to this terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.
LIMITATIONS ON USE
6.1 Intellectual Property
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design, advertisements and materials being collectively referred to as “Listngist Content”), is copyright of Listngist and its licensors, if any. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from ‘Listngst’. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
6.2 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
6.3 While you may occasionally download and store articles from the Service for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.
6.4 Additional Restrictions on Use of the Content.
6.4.1 You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content available through a Service. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
6.4.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
6.4.3 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.
6.4.4 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
6.4.5 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
6.4.6 You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
6.4.7 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.
All users must comply with any rules posted by Listngist on a Forum. You may not:
Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
Post, link to or otherwise publish any Messages that infringe copyright;
Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Listngist;
Post the same Message, or a very similar Message, repeatedly;
Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
Disguise the origin of any Messages;
Impersonate any person or entity (including Listngist employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
Collect or store other users’ personal data; and/or
Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Listngist from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
THIRD PARTY WEB SITES, SERVICES AND SOFTWARE
We may terminate these Terms of Service, your account, or your access to Listngist services at any time with or without notice to you.
This agreement between Listngist Listicle & News Magazine and its users will be governed and interpreted under the laws of the Federal Republic of Nigeria.
In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
8.3. Dispute Resolution and Arbitration
You agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, Listngist online services, any subscription to Listngist or any other aspect of our relationship. In an attempt to find the quickest and most efficient resolution of our issues, you and Listngist agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by electronic mail to us at: info@Listngistng.com.ng Attn: Unresolved Customer Issue. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Listngist agree that any Legal Claim that either of us may have must be resolved through arbitration.
8.3.1 Exceptions to Mandatory Arbitration. There are two limited exceptions to this Dispute Resolution and Arbitration provision:
(i) Either party may pursue in small claims court any action that is within that court’s jurisdiction, as long as the case proceeds on an individual basis only;
(ii) Either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you and Listngist, agree to begin any arbitration within one year after a Legal Claim arises; otherwise, the Legal Claim is waived. You expressly waive any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Nigeria. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria (2004).
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
If any provision of these Terms and conditions of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
8.5. Complete Agreement
These Terms and conditions of Service represent the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.
8.6. Force Majeure
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
8.7. Independent Contractors
The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.