Use of service agreement
User-Generated Content Policy
By submitting, posting, transmitting, or otherwise making available to MyNaijaReviews (MNR)
your
User
Generated Content or UGC (as defined below), you agree that you are bound by the following
terms
(the
“Policy”) without limitation or qualification. The Policy may be modified from time to time;
you
agree
to be bound by the most recent version of the Policy, which modifications may be viewed at
the
web
address https://www.mnr.com.ng/use-of-service.aspx
and are effective upon posting to that web address. This Policy does not modify or replace
our
Privacy
Policy, which is available at https://www.mnr.com.ng/privacy.aspx.
User-Generated Content (“UGC”) includes textual, audio, video, and/or visual content and
information,
including name, username, voice, picture, portrait and likeness, other identifying
information,
caption,
location, including comments, commentary, ideas, proposals, suggestions, plans, and feedback
related
to
MNR’s products and services, entries in contests and promotions, and other content and
information
submitted, provided, or otherwise made available to MNR, including that which is created and
publicly
posted by you on third-party social media services such as YouTube, Facebook, Instagram,
Twitter,
Snapchat, TikTok, and like services.
All UGC must be appropriate for a family audience. Please be careful when selecting your UGC
for
submission, provision, or making available to MNR; your UGC may be used in a public forum
such
as
the
Internet, and others may attempt to use your UGC to discover information about you for any
purpose,
including harassment. You understand that MNR cannot be responsible for others’ misuse of
your
UGC
or
any information contained therein. MNR has no obligation of confidentiality with respect to
your
UGC,
your submission of UGC, or any other information related to you or the UGC.
Generally, UGC should DO the following:
- Be appropriate for a family audience
- Clearly feature MNR logos
- Be well lit and in focus
- Not include any child under the age of 16 for whom you have not obtained the prior express consent of that child’s parent or guardian
Generally, UGC should NOT DO the following:
- Reference other company’s similar products or trademarks
- Use another person’s name, image, appearance, or likeness without that person’s prior express consent
-
Include personal or other identifying information of anyone - Include viruses, worms, corrupted files, or similar files
- Be threatening, abusive, harmful, harassing, tortious, defamatory, libellous, vulgar,
obscene, indecent, pornographic, invasive of another’s privacy, or racially, ethnically,
unlawful,
or
otherwise unlawful or objectionable
By submitting, posting, transmitting, or otherwise making available to MNR your UGC, you
grant
MNR,
as
well as its respective licensors, licensees, successors, and assigns (collectively, the
“Licensed
Parties”) a worldwide, perpetual, non-exclusive, unlimited, irrevocable, transferable,
royalty-free
and
fully paid-up license to use, publish, post online, copy, copyright, modify, create
derivative
works
of,
distribute, broadcast, publicly display, and otherwise use and exploit in any manner your
UGC or
any
part of your UGC, including the right to sublicense, without further obligation to, notice
to,
or
approval or consent from you. This license is applicable to your UGC as it may be used in
any
and
all
formats, social media platforms, radio, television, film, and other media outlets,
advertising,
marketing, and other distribution channels, known now or developed later.
You acknowledge that by considering your UGC and possibly using your UGC, the Licensed
Parties
have
provided you with good and valuable consideration for the license and that the Licensed
Parties
have
no
further obligation under the license at any time to pay or otherwise compensate your or any
other
person
or entity in consideration of the license. Your provision of your UGC to MNR, and the grant
of
the
license set forth above, is not conditioned on any attribution or compensation. You agree
that
the
Licensed Parties may pursue patent, trademark, or copyright protection for your UGC, that
you
will
not
challenge or object to such protection, and that you will take all actions and sign all
documents
necessary to apply for and perfect such protection.
You understand that the Licensed Parties are under no obligation to use your UGC and may
refuse
to
do so
for any reason at any time. The Licensed Parties may use your UGC for any lawful purposes,
including
commercial ones, with or without your name, social media username or handle, or other
identifying or
branding information. These uses may include, but are not limited to, informational,
educational,
commercial, entertainment, promotional, or advertising of MNR or its products or services
via
the
Internet, websites, mobile apps, social media platforms, media outlets, advertising,
marketing,
and
other distribution channels, known now or devised later. For example, the Licensed Parties
may
re-post
your post on Instagram or Twitter. The Licensed Parties may post or re-post your UGC with or
without
attribution to you or any other person or entity, and use of your UGC does not constitute or
imply
an
endorsement or affiliation of you or any other person or entity. The Licensed Parties may,
at any time, end or modify its use of your UGC without further obligation to, notice to, or
approval
or
consent from you.
You represent and warrant that you own or otherwise control your UGC, or have all rights,
licenses,
consents, and releases necessary to submit, provide, or otherwise make available your UGC to
MNR
and
also to grant the Licensed Parties the license set forth above, or that you are the agent,
authorized
representative, parent, or guardian of the person or entity who does. You represent and
warrant
that
your UGC has not been copied, derived from, or otherwise taken from any other work to which
you
do
not
have rights. You represent and warrant that neither your UGC, nor your submission,
provision, or
making
available of your UGC, infringes, misappropriates, or otherwise violates any third party’s
intellectual
property (including but not limited to trademark, copyright, and patent rights),
proprietary, or
contractual rights, or rights of publicity or privacy. You represent and warrant that your
UGC
does
not
impersonate or otherwise misidentify anyone and that each person displayed,
mentioned, or otherwise identified in your UGC has provided their written consent to you to
be
included
in your UGC and to be used by the Licensed Parties consistent with this Policy. You will
promptly
provide copies of such written consent upon MNR’s request. You represent and warrant that
neither
your
UGC, use of your UGC, nor your submission, provision, or making available of the UGC,
infringes
or
violates any law or regulation. You represent and warrant that your UGC contains no
malicious
code,
worm, virus, malware, hack, crack, phishing device, robot, spider, or other automated device
or
process,
or other data with the potential to harm, damage, or gain unauthorized access to an
Internet-connected
device. You represent and warrant that your UGC is not threatening, abusive, harmful,
harassing,
tortious, defamatory, libellous, vulgar, obscene, indecent, pornographic, invasive of
another’s
privacy,
or racially, ethnically, unlawful, or otherwise unlawful or objectionable.
You agree to indemnify the Licensed Parties and their affiliates for all claims arising from
or
in
connection with any claims to any rights in your UGC or any damages arising from your UGC or
submission,
provision, or making available thereof. You agree to hold harmless, indemnify, and defend
the
Licensed
Parties and directors, managers, members, officers, partners, employees, equity holders, and
agents
(the
“Indemnified Parties”) from and against any and all claims, causes of action, damages,
liabilities,
losses, costs and expenses, including reasonable attorneys’ fees, and including any
third-party
claims
(collectively, “Losses”) incurred by an Indemnified Party arising out of or relating to your
UGC
or
any
breach of the representations made by you herein, including but not limited to claims of
infringement or
violation of patent, trademark, copyright, or other intellectual property rights,
contractual
rights,
rights of publicity (either now existing or acquired later), or rights of
privacy. To the fullest extent permissible under applicable law, the Indemnified Parties are
not
liable
for any direct, incidental, consequential, special, indirect, punitive or similar damages
arising
out of
or resulting from this Policy, including without limitation, damages for harm to business,
lost
profits,
lost savings, or lost revenues, regardless of how such damages are caused and whether based
in
contract,
tort (including negligence) or any other theory of liability and regardless of whether you
have
been
advised of the possibility of such harms, losses, expenses or other damages. Upon
submission,
provision,
or making available of your UGC, you hereby release the Indemnified Parties from, and
irrevocably
waive,
any and all claims that the Licensed Parties’ use of your UGC violates any intellectual
property,
publicity, privacy, or other rights you may have.
You irrevocably waive all rights in your UGC, including any moral rights, of the local
equivalent
thereof, which you may have under any laws existing now or promulgated later. You agree that
the
failure
of MNR to exercise or enforce any right in this Policy will not act as a waiver of such
right,
or of
any
other right in this Policy, and that all rights and remedies under this Policy will still be
available
to MNR. This Policy is personal to you and may not be assigned without the prior written
consent
of
the
Licensed Parties. The Licensed Parties may assign their rights and obligations, or any part
thereof,
without your consent to any person or entity at any time. If any section of this Policy is
deemed
invalid or unreasonable by a court or arbitrator, such section shall be severable from the
remainder
of
this Policy, which shall be enforced according to its terms irrespective of the
enforceability
of
the
invalid or unreasonable section, provided such enforcement is consistent with
the general intent of the parties as evidenced by the Policy as a whole. If you believe that
UGC
is
being used by the Licensed Parties without your authorization, please notify us by sending
an
email
to
UGC@mynaijareviews.com and provide your name,
contact information, identification and
ownership
of
the
original content, and a description and identification of the offending content as well as
its
location.