Terms and Conditions
The following terms and conditions govern all use of the www.Yomatech.com website
and all content, services and products available at or through the website (taken
together, the Website). The Website is owned and operated by Yomatech Nigeria Limited.
The Website is offered subject to your acceptance without modification of all of
the terms and conditions contained herein and all other operating rules, policies
and procedures that may be published from time to time on this Site by Yomatech
Nigeria Limited (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the web site. By
accessing or using any part of the web site, you agree to become bound by the terms
and conditions of this agreement. If you do not agree to all the terms and conditions
of this agreement, then you may not access the website or use any services. If these
terms and conditions are considered an offer by Yomatech Nigeria Limited, acceptance
is expressly limited to these terms.
- Your Account. You are responsible for maintaining
the security of your account, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with it. You must
not use your account in a misleading or unlawful manner, including in a manner intended
to trade on the name or reputation of others, and Yomatech Nigeria Limited may change
or remove any description or keyword that it considers inappropriate or unlawful,
or otherwise likely to cause Yomatech Nigeria Limited liability. You must immediately
notify Yomatech Nigeria Limited of any unauthorized uses of your account or any
other breaches of security. Yomatech Nigeria Limited will not be liable for any
acts or omissions by You, including any damages of any kind incurred as a result
of such acts or omissions.
- Responsibility of Contributors. If you operate
a blog, comment on a blog, post material to the Website, post links on the Website,
or otherwise make (or allow any third party to make) material available by means
of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless
of whether the Content in question constitutes text, graphics, an audio file, or
computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make available the
Content, including but not limited to any software, or (ii) secured from your employer
a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end users any
required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search engine
rankings of third party sites, or to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and
does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested
to do so by Yomatech Nigeria Limited or otherwise.
By submitting Content to Yomatech Nigeria Limited for inclusion on your Website,
you grant Yomatech Nigeria Limited a world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the purpose
of displaying, distributing and promoting your blog. If you delete Content, Yomatech
Nigeria Limited will use reasonable efforts to remove it from the Website, but you
acknowledge that caching or references to the Content may not be made immediately
unavailable.
Without limiting any of those representations or warranties, Yomatech Nigeria Limited
has the right (though not the obligation) to, in Yomatech Nigeria Limited's sole
discretion (i) refuse or remove any content that, in Yomatech Nigeria Limited's
reasonable opinion, violates any Yomatech Nigeria Limited policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the Website
to any individual or entity for any reason, in Yomatech Nigeria Limited's sole discretion.
Yomatech Nigeria Limited will have no obligation to provide a refund of any amounts
previously paid.
- Fees and Payment. Optional premium paid services
are available on the Website. By selecting a premium service you agree to pay Yomatech
Nigeria Limited the monthly or annual subscription fees indicated for that service.
Payments will be charged on the day you sign up for a premium service and will cover
the use of that service for a monthly or annual period as indicated. Premium service
fees are not refundable.
- VIP Services.
- Fees; Payment. By signing up for a premium account
you agree to pay Yomatech Nigeria Limited the setup fees and monthly hosting fees
indicated at http://www.yomatech.com in exchange for the services listed at http://www.yomatech.com.
Applicable fees will be invoiced starting from the day your services are established
and in advance of using such services. Yomatech Nigeria Limited reserves the right
to change the payment terms and fees upon thirty (30) days prior written notice
to you. Services can be canceled by you at anytime on 30 days written notice to
Yomatech Nigeria Limited.
- Support. VIP Services include access to priority
email support. "Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by Yomatech Nigeria
Limited to respond within one business day) concerning the use of the Services.
"Priority" means that support for Services customers takes priority over support
for users of the standard, free services. All Services support will be provided
in accordance with Yomatech Nigeria Limited standard Services practices, procedures
and policies.
- Responsibility of Website Visitors. Yomatech
Nigeria Limited has not reviewed, and cannot review, all of the material, including
computer software, posted to the Website, and cannot therefore be responsible for
that material's content, use or effects. By operating the Website, Yomatech Nigeria
Limited does not represent or imply that it endorses the material there posted,
or that it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates the privacy or
publicity rights, or infringes the intellectual property and other proprietary rights,
of third parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. Yomatech Nigeria Limited disclaims any
responsibility for any harm resulting from the use by visitors of the Website, or
from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material, including computer software, made
available through the websites and webpages to which www.Yomatech.com links, and
that link to http://www.yomatech.com. Yomatech Nigeria Limited does not have any
control over those non-www.Yomatech.com websites and webpages, and is not responsible
for their contents or their use. By linking to a non-www.Yomatech.com website or
webpage, Yomatech Nigeria Limited does not represent or imply that it endorses such
website or webpage. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. Yomatech Nigeria Limited disclaims any responsibility
for any harm resulting from your use of non-Yomatech Nigeria Limited websites and
webpages.
- Copyright Infringement and DMCA Policy. As Yomatech
Nigeria Limited asks others to respect its intellectual property rights, it respects
the intellectual property rights of others. If you believe that material located
on or linked to by www.Yomatech.com violates your copyright, you are encouraged
to notify Yomatech Nigeria Limited in accordance with Yomatech Nigeria Limited's
Digital Millennium Copyright Act ("DMCA") Policy. Yomatech Nigeria Limited will
respond to all such notices, including as required or appropriate by removing the
infringing material or disabling all links to the infringing material. In the case
of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual
property rights of Yomatech Nigeria Limited or others, Yomatech Nigeria Limited
may, in its discretion, terminate or deny access to and use of the Website. In the
case of such termination, Yomatech Nigeria Limited will have no obligation to provide
a refund of any amounts previously paid to Yomatech Nigeria Limited.
- Intellectual Property. This Agreement does not
transfer from Yomatech Nigeria Limited to you any Yomatech Nigeria Limited or third
party intellectual property, and all right, title and interest in and to such property
will remain (as between the parties) solely with Yomatech Nigeria Limited. Yomatech
Nigeria Limited, http://www.yomatech.com, and all other trademarks, service marks,
graphics and logos used in connection with www.yomatech.com, or the Website are
trademarks or registered trademarks of Yomatech Nigeria Limited or Yomatech Nigeria
Limited's licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your use
of the Website grants you no right or license to reproduce or otherwise use any
Yomatech Nigeria Limited or third-party trademarks.
- Changes. Yomatech Nigeria Limited reserves the
right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to
this Agreement constitutes acceptance of those changes. Yomatech Nigeria Limited
may also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Yomatech Nigeria Limited may terminate
your access to all or any part of the Website at any time, with or without cause,
with or without notice, effective immediately. If you wish to terminate this Agreement
or your account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a Services account, such account can
only be terminated by Yomatech Nigeria Limited if you materially breach this Agreement
and fail to cure such breach within thirty (30) days from Yomatech Nigeria Limited's
notice to you thereof; provided that, Yomatech Nigeria Limited can terminate the
Website immediately as part of a general shut down of our service. All provisions
of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided
"as is". Yomatech Nigeria Limited and its suppliers and licensors hereby disclaim
all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Yomatech Nigeria Limited nor its suppliers and licensors, makes any warranty
that the Website will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise obtain content
or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Yomatech
Nigeria Limited, or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or consequential damagaes;
(ii) the cost of procurement or substitute products or services; (iii) for interpution
of use or loss or corruption of data; or (iv) for any amounts that increase the
fees paid by you to Yomatech Nigeria Limited under this agreement during the twelve
(12) month period prior to the date the cause of the action accrues. Yomatech Nigeria
Limited shall have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited by applicable
law.
- General Representation and Warranty. You represent
and warrant that (i) your use of the Website will be in strict accordance with the
Yomatech Nigeria Limited Privacy Policy, with this Agreement and with all applicable
laws and regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you reside)
and (ii) your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
- Indemnification. You agree to indemnify and
hold harmless Yomatech Nigeria Limited, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any
and all claims and expenses, including attorneys' fees, arising out of your use
of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the
entire agreement between Yomatech Nigeria Limited and you concerning the subject
matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Yomatech Nigeria Limited, or by the posting by Yomatech
Nigeria Limited of a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of the state of Nigeria, excluding its conflict of law provisions,
and the proper venue for any disputes arising out of or relating to any of the same
will be the state and federal courts located in Port Harcourt, Rivers State.
The prevailing party in any action or proceeding to enforce this Agreement shall
be entitled to costs and attorneys' fees. If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. A waiver
by either party of any term or condition of this Agreement or any breach thereof,
in any one instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under this Agreement to any party that consents
to, and agrees to be bound by, its terms and conditions; Yomatech Nigeria Limited
may assign its rights under this Agreement without condition. This Agreement will
be binding upon and will inure to the benefit of the parties, their successors and
permitted assigns.