Terms and Conditions and End User License Agreement (“EULA”)

Welcome to our website. The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Naijabranch. This EULA governs your use of Software and Services (as specified below) and is subject to change without notice.

For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Naijabranch including, but not limited to mobile games and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. “Services” means all services made available by Naijabranch, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Naijabranch Services”.
‘Naijabranch’ or ‘us’ or ‘we’ refers to the owner of Naijabranch Services. The term ‘you’ refers to the user or viewer of Naijabranch Services. 'Blog' or 'Naijabranch blog' refers to the Naijabranch website blog (http://blog.naijabranch.com).

The software is licensed, not sold. your use of the software (as specified below) is subject to the terms and conditions set forth in this EULA. by installing, using or accessing the Naijabranch services or any materials included in or with the Naijabranch services, you hereby accept the terms of this EULA.
If you do not accept the terms of this EULA, do not install, use or access the Naijabranch Services.


1 LICENSES

SOFTWARE LICENSE: Subject to this EULA and its terms and conditions, Naijabranch hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

SERVICE LICENSE: Subject to this EULA and its terms and conditions, Naijabranch hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Naijabranch, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

LICENSE TERM; The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Naijabranch's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

OWNERSHIP; NO OTHER LICENSES: Naijabranch retains all right, title and interest in and to the Naijabranch Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, logos, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, design, layout, look, appearance, and moral rights whether registered or not and all applications thereof. Unless expressly authorized by mandatory legislation, the Naijabranch Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Naijabranch. All rights not expressly granted to you herein are reserved by Naijabranch.

Some software used for the Naijabranch Services may be offered under an open-source licence. There may be provisions in the open-source licence that expressly override some of these terms.

2 THIRD PARTY SERVICES

From time to time Naijabranch Services may also include links to other third party services and/or the third party services may be made available to you via Naijabranch Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity, trademarks and logos, provision of further information and the like. These services are subject to respective third party terms and conditions. They do not signify that we endorse these third party services. We have no responsibility for the content of the linked third party services.

3 GENERAL LICENSE CONDITIONS

You agree not to: (i) commercially exploit the Naijabranch Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Naijabranch Services, any copies thereof, or any passwords or usernames of Naijabranch Services, without the express prior written consent of Naijabranch or as set forth in this EULA; (iii) make a copy of the Naijabranch Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Naijabranch Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Naijabranch Services or this EULA, use or install the Naijabranch Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Naijabranch Services at a computer gaming centre or any other location-based site; provided, that Naijabranch may offer you a separate site license agreement to make the Naijabranch Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Naijabranch Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Naijabranch Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Naijabranch Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Naijabranch Services by any relevant export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Naijabranch Services.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.

The Naijabranch Services may include measures to control access to the Naijabranch Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Naijabranch Services subject to a valid license can be used to access certain online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Naijabranch Services may not function properly.

The Naijabranch Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Naijabranch Services, and to the extent that your contributions through use of the Naijabranch Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Naijabranch an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Naijabranch's and other players' use and enjoyment of such assets in connection with the Naijabranch Services and related goods and services under applicable law. This license grant to Naijabranch, and the above waiver of any applicable moral rights, survives any termination of this EULA.

The Naijabranch Services may require an internet connection to access the Naijabranch Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Naijabranch Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Naijabranch Services. By using the Naijabranch Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Naijabranch Services or certain features of the Naijabranch Services may not operate or may cease to function properly, either in whole or in part.

4 WARRANTY

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered through Naijabranch services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The content provided by the Naijabranch Services is for your general information and use only. It is subject to change without notice.

The Naijabranch Services Are provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is entirely at your own risk, for which we shall not be liable. The entire risk of satisfactory quality and performance resides with you. It shall be your own responsibility to ensure that any products, services or information available through Naijabranch Services meet your specific requirements.

Naijabranch does not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Naijabranch, does not warrant against interference with your enjoyment of the software; that the Naijabranch services will meet your requirements; that operation of the Naijabranch services will be uninterrupted or error-free, or that the Naijabranch services will interoperate or be compatible with any other Naijabranch services or that any errors in the Naijabranch services will be corrected. no oral or written advice provided by Naijabranch or any authorized representative shall create a warranty. some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.

5. LIMITATION OF LIABILITY

In no event will Naijabranch be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Naijabranch services, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Naijabranch has been advised of the possibility of such damages.

6 COMMENTS

Comments are welcomed and encouraged on this site. We ask that you stay on topic and respect other people's opinions. The blog is moderated and comments will appear if and when they are approved. The owner of the blog reserves the right to edit or delete any comments submitted to this blog without notice due to;

Please understand that we reserve the right to edit or delete comments for any reason we deem appropriate. We will continuously review the queue, so please don't resubmit if your comment doesn't appear immediately.

The posted comments are not necessarily the opinions of Naijabranch and we assume no responsibility for such content.

Be aware that anything posted on the Naijabranch blog can be reproduced, transmitted, published, broadcast or posted somewhere else. Naijabranch is not responsible for the republishing of the content found on this blog on other websites or media without permission.

Please do not post any private information unless you want it to be available publicly. Please see our privacy policy (http://naijabranch.com/naijabranchPrivacy.htm) for more information.

7 OTHER TERMS AND CONDITIONS

TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Naijabranch Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

AFFILIATE:
For purposes of this EULA, an “affiliate” or Naijabranch means any legal entity that is directly or indirectly controlled by Naijabranch for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.

INDEMNITY:
You agree to indemnify, defend and hold Naijabranch, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Naijabranch Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.

MISCELLANEOUS:
This EULA represents the agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Naijabranch reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Naijabranch’s website. You will be deemed to have accepted such changes by continuing to use the Naijabranch Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

DISPUTE RESOLUTION:
This EULA will be governed by the laws of United Kingdom without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.

Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Naijabranch's discretion. The arbitration shall be conducted in the United Kingdom, and in the English language. You agree that you may bring claims against Naijabranch only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.






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