TERMS OF USE

This Summary is an overview only. Please read the complete text (follow the links in this Summary for more detail) to understand all of your obligations in using this Service and/or Website. Please read carefully!

SERVICE - NNL is a talent listing service provided online where the entertainment industry meets professional entertainment talent. NNL is NOT an entertainment talent agency or management company.

USE EQUALS AGREEMENT - You are agreeing to these Terms of Use, including the Privacy Policy, and any updates as they are posted, whenever you access this website and/or use NNL Services.

PRIVACY - By agreeing to these Terms, you are also agreeing to our Privacy Policy. We use personal information in accordance with our Privacy Policy and in accordance with applicable data protection laws including, but not limited to, the General Data Protection Regulation 2016/679 ("GDPR") and any other applicable UK and European data protection laws (together with the GDPR the "European Data Privacy Laws").

ELIGIBILITY - You must be a professional performing arts talent ("Artist") over the age of 18 years or an entertainment industry professional who works with and or engages performing artists and if an individual, you must have reached the age of majority in the jurisdiction from which you subscribe for the Service, whether acting in your personal capacity or on behalf of another legal entity (partnership, corporation, etc.) working in any capacity in the entertainment industry.

• Artist - If you, as an Artist, are represented by a talent agent, ("Agent"), your Agent can create an account for you, sign up for Services and edit your information. You (or the parent or guardian of a Minor) and your Agent are responsible for promptly notifying NNL of any changes regarding Artist representation. More Info
• Agents - If you represent an Artist or Artists, you must obtain proper authorization to participate in the Services and provide information on behalf of any Artist that you claim to represent. More Info
• Minors - Only a minor's representative ("Minor's Representative") may register on behalf of a minor. Minors are not permitted to register for the Services and become account holders. More Info

Welcome to NNL. These Terms of Use ("Terms") are a legally binding agreement between you and NNL once accepted by you when you use any Services or when you explicitly agree to the Terms. You agree to any amendments to these Terms once such amendments are posted and you or your Agent or Representative make use of the NNL website thereafter.

• A. SERVICES PROVIDED BY NNL - Whether you are a professional actor, model, dancer, voice over talent, musician, a musical or performance group or other artist, ("Artist"), NNL welcomes your registration on the Nollycasting.com website. NNL equally welcomes the registration of casting directors, filmmakers, entertainment content production companies, talent agents ("Artist Agents"), talent managers ("Artist Managers") or other entertainment industry professionals (collectively, "Industry Professional"), on the Nollycasting.com website. NNL is a talent listing service. NNL is NOT a talent agency nor a talent management company. NNL provides an online service where Industry Professionals seeking to engage or represent/manage entertainment talent in the professional entertainment industry may discover one another on the Nollycasting.com website (collectively the "Service").
• B. LEGAL CONTRACT - You understand and acknowledge that you are entering into an enforceable legal agreement when registering with NNL and clicking the "I Accept" (or similar button), or when you access, view, download or otherwise use the Services. These Terms and NNL'S Privacy Policy, comprise NNL's agreement with you. If you do not agree to any of these Terms or to the Privacy Policy you must discontinue accessing and/or using the Service. A "Guest" is someone who accesses and browses the Services but does not register for an account. A Guest has no access to the Service. A "Subscriber" is someone who has created an account, requested registration and been accepted by NNL for access to the Service. NNL may or may not accept registration as a Subscriber for any reason at NNL's sole discretion. Guests and Subscribers are referred to collectively as "Users". The Terms may change at any time. NNL will post the most current version on this page with a new Effective Date. Changes are binding from the Effective Date. If you access or use of the Service after changes are posted this signifies your agreement to those changes. If you do not agree to the revised current Terms, you must discontinue using the Service.
• C.ELECTRONIC COMMUNICATIONS - By accessing or using the Service, you consent to having these Terms provided to you electronically and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with Service, including an email address or telephone number ("Contact Information"), you agree that this establishes a business relationship with us and that we may communicate with you using the Contact Information you provided to us and you acknowledge the legal authority over any Contact Information. This means we may contact you in person or by recorded message, by any means including but not only by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving through the Contact Information you have provided to us.
• D. ELIGIBILITY - You must be either an Artist or an Industry Professional to subscribe for and have access to the Service.
  • 1. Minors - NNL DOES NOT ACCEPT Minors as Subscribers. Only the Agent or parents or legal guardians of an Artists who under the age of majority (collectively referred to as "Minor's Representative") in the jurisdiction in which they reside ("Minors") may register for Subscriber, create and maintain profiles and resumes, and utilize the Services on behalf of Minors. NNL requires written consent satisfactory to NNL in NNL's sole discretion that the Artist has either reached the age of majority in the relevant jurisdiction or, if a minor in the relevant jurisdiction, that the reputed legal representative of the Minor has established, to the sole discretion of NNL that the legal representative has been properly appointed as the legal representative of the Artist minor in the relevant jurisdiction. NNL will refuse to process, or continue to process, any Artist's personal information until NNL, in its sole discretion, is satisfied that either the Artist has reached the age of majority or, if a minor, that NNL has received evidence satisfactory to NNL in its sole discretion of consent and/or authorization.
  • 2. Agents - Each Agent warrants and represents that it is legally authorized to represent its Artists in connection with the Service on behalf of the Artists in accordance these Terms. An Agent agrees to stop using the Service with respect to a particular Artist immediately when such authority from the Artist is no longer in effect. NNL is not obligated, but reserves the right at any time, to require evidence of an Agent's authority to enter into these Terms and act on behalf of an Artist in connection with the Services. Each Agent also represents and warrants that all personal information that Agent provides to us through the NNL website or otherwise is collected by such Agent or on Agent's behalf with the full knowledge and agreement of the Artists or others that Agent represents and that Agent has disclosed to NNL in full compliance with the applicable data privacy laws including, as required by such data privacy laws in the relevant jurisdiction, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information Agent provides to us. Minor's Representative is solely responsible for their acts or omissions in connection with the Services. Each Minor's Representative indemnifies and holds harmless NNL and its affiliates, employees, officers, directors, and representatives from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys' fees, arising out of or in connection with a breach of this representation.
    • i. If you are an individual acting on behalf of an Agent, corporate or other legal entity (which may have also agreed to these Terms or have a separate agreement with NNL), you are individually bound by these Terms as an individual User.
    • ii. Artist or the Minor's Representative is responsible for promptly notifying NNL when an Agent has been terminated or changed. If Artist has no representation, NNL will turn control of the Subscriber over to the Artist or Minor's Representative on acceptance of these Terms. If changed, NNL will transfer the Subscription to the new Agent as directed by the Artist or Minor's Representative. Any changes should be sent to info@nollycasting.com.
• E. SUBSCRIPTION - During the registration process, each Artist, Agent or Minor's Representative, as the case may be, will be required to provide personal information that allows NNL to identify the applicant. Such information may include: the full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, appearing ethnicity, and pictures (collectively, "Subscription Information"). By using the Service, you represent and warrant that all Subscription Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Subscription Information by updating and revising it promptly.
• F. REPRESENTATION - If you are an Agent providing Subscription Information on behalf of Artist, you warrant and represent that you have full authority to provide us with the Subscription Information and any other personally identifying information of such Artist. If you are a Minor's Representative of Artist under the age of majority, a valid parent/guardian authorization may be required by law.
• G. VALIDATION OF SUBSCRIPTION INFORMATION - You authorize NNL to make any inquiries, either directly or through third parties, to validate your Subscription Information. However you acknowledge that NNL cannot guarantee the accuracy of any information submitted by any User of the Service, including any identity information about any User.
• H. USER CODE OF CONDUCT - You agree to use the Service in a professional manner, provide complete and accurate Subscription Information to NNL, and update in a timely manner any Subscription Information that changes. You further agree to comply with all applicable laws, rules, and regulations, including but not only, to NOT:
  • 1. collect, use, share or transfer any information, whether confidential or not that is available on the Services except as expressly permitted by these Terms, or by the owner of such information including but not only:
    • i. include information in a profile or resume (or elsewhere on the Services) that reveals sensitive personal information, including but not only, government issued identifying numbers unless required by law;
    • ii. to misrepresent your identity, your affiliation with a person or entity, or the source of any communication or information in any fashion;
  • 2.engage in or plan to engage in any illegal activity via the Service or using information from or on the Service, including but not only:
    • i. to stalk, abuse or attempt to abuse, or otherwise harass another individual;
    • ii. to disseminate material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
    • iii. to act dishonestly or unprofessionally, (including but not only by posting inappropriate, inaccurate or objectionable content;
    • iv. to take any action to disseminate any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationship;
    • v. to disseminate in any fashion any unsolicited or unauthorized materials, of any nature;
    • vi. to infringe the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person;
  • 3. engage in any activity with respect to the NNL website including:
    • i. use any means to "harvest" any content contained on the NNL website;
    • ii. embed a link to another service within the data your submit on NNL website unless expressly permitted to do so;
    • iii. disseminate or transmit malicious or invasive code or programming from or implant on the NNL website ;
    • iv. impair in any fashion a NNL server or interfere with any other party's use and enjoyment of the Service;
    • v. gain unauthorized access to the Service or NNL website in any fashion; vi. reverse engineer, decompile or disassemble any software accessed through the Service; vii. utilizing any content from the NNL website to provide any service that is competitive with the Service; viii. overriding or attempting to override any security feature of the Service or website;
  • 4. Engage in any activity deemed by NNL in its sole discretion to be in unprofessional, illegal, harmful to the profession image of NNL or in conflict with the spirit or intent of Service.
• I.USER RIGHTS AND OBLIGATIONS
  • 1. Preventing and Reporting Abuse - You agree that NNL may take whatever steps it deems necessary to abridge, or prevent behavior of any kind on the Services that violates this Agreement in its sole discretion, including but not only the Code of Conduct, without notice. You can report any violations of the User Code of Conduct or other abuse on the Services by emailing reportabuse@nollycasting.com.
  • 2. Termination - NNL may restrict, suspend or terminate with or without notice at NNL's sole discretion, the Subscription of any User who, in NNL's sole judgment violates these Terms or otherwise abuses or misuses the Service. The terms and conditions of such termination will be at the sole discretion of NNL with respect to effective date of Termination, future re-instatement of the Service, if any and conditions thereto and the refund, if any, of monies paid for the Service.
  • 3. Communications with Others - NNL is a service provider and does not monitor or control each and every interaction on or aspect of the Service. For example, we do not regularly monitor Users' interactions with the Service or communications between Users; but, NNL may, in certain circumstances, prohibit a User from contacting other Users through the Service or otherwise limit a User's use of the Service. NNL reserves the right to terminate a Subscription if NNL determine, in its sole discretion, that doing so is necessary to enforce these Terms or to protect its business reputation or Users. Each User is solely responsible for that User's interactions with other Users.
  • 4. Security and Unauthorized Use - Each Subscriber is responsible for all activities conducted through that Subscriber's account (including following these Terms). During the registration process each applicant will be asked to choose a password and is solely responsible for maintaining the security of that password. No Subscriber may use another Subscriber's account or password at any time or allow a third party not an Agent or Minor's Representative access to the Subscriber's account. Each Subscriber shall immediately notify NNL if another Subscriber suspects any unauthorized use of any other Subscriber's account or password. Each Subscriber is liable for NNL's losses and the losses of others as a result of such unauthorized use until such time as the Subscriber establishes to the sole discretion of NNL that the Subscriber's account security was compromised through no fault of the Subscriber.
• J.FEES AND BILLING INFORMATION - If you register for NNL's Services, you agree that NNL (and its authorized service providers) may store your payment card information. NNL will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Service ("Fees") using the billing information provided by you ("Billing Information"). You agree to pay NNL all Fees using your Billing Information, and you authorize NNL to charge your Payment Provider for the Fees associated with the Services selected. If NNL does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees, you will be liable for any collection costs and fees (including reasonable attorneys' fees). Note that for Service purchased by another party for your account (e.g. by your Agent), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Subscriber. All Fees are in Nigerian Naira , unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider.
• K. CANCELLATION - You have the right to cancel your month to month Service in any time. This cancellation downgrades the premium services to basic services immediately.
• L. INTERRUPTION OF SERVICES - NNL may at any time for any or no reason interrupt availability of some or all aspects of the Service, or modify, replace, refuse access to, or discontinue Service, or change or modify our Fees in our sole discretion. Any changes to the Service or Fees are effective when posted on the Services or when communicated to you directly. NNL is not liable for any interruption of Services, or delay or failure to perform, and you understand that in such cases you shall not be entitled to any refunds of Fees.
• M. CONTENT IN YOUR ACCOUNT - We may remove and or discard any content on your Subscriber account, including your profile, or resume with or without notice, for any reason. NNL has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services.
• N.INTELLECTUAL PROPERTY RIGHTS
  • 1. Access to Third Party Content on the Service - You acknowledge that by using the Service you may have access to content including but not limited to photos, digital images, graphics, music, video, audio, text, project information posted by Industry Professionals computer code and other creative output that you do not own, licence or otherwise have any right to use other than as me be permitted under these Terms (collectively, "Third Party Content") and this Third Party Content includes Content owned or licensed by NNL ("NNL Content"), or owned or licensed by other Users ("Other User Content"). You acknowledge that NNL, NNL licensors, and Other Users have rights in their respective content under copyright, trademark and other applicable laws and treaty provisions. You may not distribute, modify, transmit, reuse, download, repost, copy, or use and Third Party Contentr Content of other for any reason without express prior written permission from the User that posted it or from NNL, as the case may be. A violation of this Section is cause for immediate and permanent termination of your right to use our Services.
  • 2. User Content - NNL may choose, but has no obligation, to pre-screen or monitor the Service for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by NNL in its sole discretion. However, if NNL chooses to pre-screen or monitor User Content, NNL nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, no responsibility for the conduct of the User submitting any such User Content and no liability for any loss whatsoever that the User may suffer as a result of any deletion of User Content.
  • 3. View Content at Your Risk - You understand and acknowledge that when using the Service, you will be exposed to Content from a variety of sources and which may be inaccurate, offensive, indecent, objectionable, or that contains errors or omissions. You agree that NNL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
  • 4. NNL Ownership Rights - All right, title and interest in and to the Service is the exclusive property of NNL. NNL grants you a limited, revocable, non-transferrable license to reproduce and display the NNL Content (excluding any software code) solely for your personal use and to the extent necessary to access or use the Service. NNL reserves all rights not expressly granted in and to the NNL Content and the Services.
  • 5. Ownership and License of User Content - NNL does not claim ownership of the User Content you post, upload, input or submit to NNL. You retain copyright and other intellectual property rights you have under law with respect to your User Content that you submit or transmit to or display on or through the Service. However, by posting your User Content on the Service, you grant to NNL permission to use, transmit, reproduce, publish, publicly display, publicly perform, reformat, edit, delete, or translate your User Content, in connection with the Service ("License"). No compensation is payable to you with respect to the use of your User Content, as provided herein. You may edit some of your User Content by using the tools on the Service; however, if you have shared User Content with others through the Service, NNL has no control over any third party's use of that Content. Further, you acknowledge that removed User Content may persist in the systems of those who have had previous access to User Content through our Services, and in backup copies for recordkeeping and internal purposes, including enforcing these Terms. Please see the terms of our Privacy Policy for further information on how we use, share and store the personal information you provide to us and your choices related thereto.
  • 6. Your Representations - You represent that you have all rights necessary to grant us the License set forth in this section, that your User Content is accurate and not confidential, and the submission, transmission, posting and use of your User Content on the Service is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights of persons or property appearing therein). You are solely responsible for your User Content or any other User Content you access through the Services.
  • 7. Software Use Restrictions - You acknowledge that any software and related documentation that may be available to download from the Service (the "Software") is a copyrighted work owned or licensed by NNL and that you do not acquire any ownership rights by downloading the Software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
• O. FEEDBACK - NNL welcomes your feedback! All comments or materials submitted by you to NNL, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, "Feedback"), is received and treated by NNL on a non-confidential and unrestricted basis. You agree that NNL is free to use, display, perform, distribute, copy, adapt, and promote the Feedback in any way, without compensation to you and that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of "spam".
• P. COMPLAINTS OF COPYRIGHT VIOLATION
  • 1. Filing a Takedown Notice - If you believe any material on the Service infringes your copyright or other intellectual property, you should provide NNL with a written request to takedown the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, ("Takedown Notice") that includes:
    • i. Identification of the material that you claim to be the subject of infringement and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
    • ii. Your name, address, telephone number and email address (if available);
    • iii. A statement that the use of the material in the manner complained of is not authorized by you, or by law;
    • iv. A warranty and representation that the information in your Takedown Notice is accurate to the best of your knowledge and belief; and
    • v. Your signature or that of a person authorized to act on your behalf.
  • 2. Filing a Counter-Notice - If your material has been removed or blocked by NNL as a result of a receipt of a Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, ("Counter-Notice") that includes:
    • i. Identification of the copyrighted work or works that were removed by NNL and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
    • ii. Your name, address, telephone number and email address (if available);
    • iii. A warranty and representation that you are the copyright holder of the material in question and have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • iv. Your signature or a person authorized to act on your behalf.
  • 3. NNL's Decision-making Process - NNL will review the Takedown Notice, the allegations therein and determine in NNL's sole discretion whether there are reasonable grounds for NNL to act on the Takedown Notice. Should NNL receives a Counter-Notice, NNL we will send a copy of the Counter-Notice to the party who originally sent us the Takedown Notice and NNL will reinstate the allegedly infringing material, unless the party who issued the Takedown Notice obtains a court order supporting removal of the allegedly infringing material.
• Q. OTHER DISPUTES - You understand and agree that: (i) NNL will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users' use of the Services; (ii) NNL's resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent NNL assists in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the Service; (iv) NNL's resolution of such disputes will be final with respect to the respective Users' use of the Service; and (v) you release NNL from claims, demands and damages of every kind and nature in any way connected with NNL's resolution of User disputes relating to the Services.
• R. NNL DISCLAIMER
  • 1. AS IS - NNL provides the Service strictly on an "AS IS" basis and does not guarantee that the Service will function without interruption or errors in functioning, or be virus-free. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. NNL disclaims all liability for damages caused by any interruption, malfunction, impossibility of access, or poor use conditions of the Services for any reason. Use of the Services is at your own risk, to the fullest extent permissible under applicable law. NNL EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
  • 2. NNL makes no warranty as to the quality, accuracy, completeness or validity of any information or Content you access or receive in connection with the Service, or that your use of the Service will meet your requirements. If you are dissatisfied or harmed by the Service, you may terminate your account in accordance with these Terms and such termination shall be your sole and exclusive remedy.
  • 3. NNL is not responsible, and makes no representations or warranties for the delivery of any communications sent through the Service to anyone. In addition, NNL neither warrants nor represents that your use of the Services will not infringe the rights of third parties or that any third party will not infringe your rights. Any material, service, or technology described or used on the Service may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
  • 4. NNL does not have any obligation to verify the identity of the persons accessing the Service or subscribing to the Service. NNL disclaims all liability for identity theft or any other access to or misuse of your identity or information.
  • 5. No Liability for Accumulated Content - When using the Service, you may accumulate Content that resides as data on NNL's servers. This data, and any other data, Subscriber account information or history, User personal information or names residing on NNL servers may be deleted, altered, moved or transferred at any time for any reason in NNL's sole discretion. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content you upload, transmit, display and/or create using the Service, and notwithstanding any value attributed to such Content, you understand and agree that NNL has the right, but not the obligation, to remove any Content (including your User Content) at any time, for any reason or no reason, with or without notice, and with no liability of any kind. NNL EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON NNL'S SERVERS.
  • 6. Limitation of liability - IN NO EVENT IS NNL OR ITS RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE SERVICES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THESE TERMS, WHETHER OR NOT NNL MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
  • 7. IN ADDITION, EXCLUDING CLAIMS BASED ON GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, YOU AGREE THAT IN NO EVENT WILL NNL'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY.
  • 8. OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • 9. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
• S. RELEASE - As a condition of access to and use of the NNL Services, you release NNL, including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Service, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.
• T. INDEMNIFICATION - You agree to defend, indemnify and hold harmless the NNL and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys' fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Service, (b) your failure to comply with these Terms, including, without limitation, your submission or use of Content in violation of third party rights or applicable laws, rules or regulations or (c) your Subscriber.
• U. DISPUTE RESOLUTION
  • 1. Governing Law - These Terms shall be governed, construed, and enforced in accordance with the laws of Nigeria, without regard to its conflict of laws rules.
  • 2. Notice of Claims - All notices to Users will be sent to the email or street address provided in the User's account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or NNL may commence legal action.
  • 3. Severability - If any provision of these Terms are declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
• V. GENERAL PROVISIONS
  • 1. Export Control - The Services are controlled and operated by NNL from its offices within the Nigeria. NNL makes no representation that any Content, Software or other products in the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities.
  • 2. Notices
    • i. NNL may give notice to you by means of a general notice on the Service, at or after log-in to your Subscriber account, by electronic mail to your e-mail address in our records, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Subscriber.
    • ii. All notices given by you, whether or not required under these Terms, shall be faxed to Nollycasting Nigeria Limited, Attn: Dispute Resolution, at 555-555-5555; or sent to NNL by postal mail or courier to: Xxxxx 8a Reeve Road, Ikoyi, Lagos Nigeria
  • 3. Waiver - The failure of NNL to partially or fully exercise any rights of these Terms, or the waiver of NNL of any breach of these Terms by you, shall not prevent a subsequent exercise of such rights by NNL or be deemed a waiver by NNL of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of NNL under these Terms, its policies, and any other applicable agreement between you and NNL shall be cumulative, and the exercise of any such right or remedy shall not limit NNL's right to exercise any other right or remedy.
  • 4. Headings - Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.
  • 5. Third Party Beneficiaries - These Terms do not create third party beneficiary rights enforceable by third parties. 6. Entire Agreement - These Terms, and the policies incorporated herein, are the entire agreement between you and NNL. They supersede any and all prior or contemporaneous agreements between you and NNL relating to your use of the NNL Services.