Terms & Conditions
These are the terms and conditions for Thisdaylive.com and all associated websites.
1. These Terms
Welcome to the www.thisdaylive.com website. These are the terms and conditions (Terms) which govern your use of the www.thisdaylive.com website or any of the 'THISDAY' branded sites or microsites, such as www.thisday.ng, www.thisdayonline.com etc. (Site).
These Terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other technology whether now known or developed in the future) (Network).
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or subscribe for email or online services or send us an email.
For the purposes of these Terms: "Content" includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time (including, anything made available for download); “including” and its derivations mean “including, without limitation”; "material" includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images; and "Trade Marks" means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
2. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
We may at any time modify or remove any part of the Website without warning or incurring liability as a result of such action.
3. About us and our business
The Site is operated by or on behalf of LEADERS & COMPANY LIMITED ("we" or "our"). We are a company registered in Nigeria with the company registration number 214 307. Our registered office address is 35, Creek Road, Apapa, Lagos, Nigeria.
Access to our email services and to some areas of the Site is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our email services. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time.
5. Intellectual Property & Copyright
We are the owner or the licensee of all intellectual property rights in the Site the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Marks) in accordance with paragraph 6 below.
The Site and its Contents are protected by copyright pursuant to English, Nigerian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site (including software) in whole or in part, except as permitted by these Terms.
6. Access and use of the Site
You may use the Site for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.
You may not:
(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
(2) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this website received as part of a paid-for media monitoring service; nor
(5) systematically forward links to this website within a business or outside a business for business purposes; nor
(6) copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
Any such use of this website or the content is prohibited without an appropriate licence. Please us at firstname.lastname@example.org.
If you wish to syndicate or licence any Content from this website, please email us at email@example.com.
At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).
At any time without notice and at our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and at our absolute discretion, we may remove or edit any Content on the Site. To the fullest extent permitted by law, in both cases none of THISDAY, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, email services or password.
7. User Generated Content: Submissions Including Comments
7.1 (a) You shall not upload to, or distribute or otherwise publish on to the Site any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
7.1 (b) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
7.1 (c) Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Site.
7.1 (d) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. Thisdaylive.com encourages active discussions and welcomes heated debate on the Site. But personal attacks are a direct violation of these Terms and are grounds for immediate and permanent suspension of access to all or part of the Site.
7.2 The Site shall be used only in a non-commercial manner. You shall not, without the express approval of thisdaylive.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
7.3 You acknowledge that any submissions you make to the Site (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by Leaders & Company Limited and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Site may also be included in our RSS feeds, APIs and made available for republishing through other formats.
7.4 You grant Leaders & Company Limited a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for thisdaylive.com or any third party Leaders & Company Limited designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to thisdaylive.com or any other Web site owned by Leaders & Company Limited, including any Submission posted on thisdaylive.com through a third party.
7.5 You are solely responsible for the content of your Submissions. However, while thisdaylive.com does not and cannot review every Submission and is not responsible for the content of these messages, thisdaylive.com reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
7.6 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
8. Data Protection and Privacy
9. Third party links
The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
10. Advertising and Sponsorship
Parts of the Site contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
For more information about placing advertising or sponsorship on the Site please contact firstname.lastname@example.org (separate terms and conditions apply).
Thisdaylive.com contains contextual affiliate links from which we may potential earn revenue. However, the content of our articles are never influenced by advertisers or an affiliate, nor are they written for the purpose of promoting a product.
11. Promotions, competitions and prize draws
From time to time we may run competitions, free prize draws and/or other promotions on the Site. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
12. Exclusions and limitations of liability
All information and/or data on the Site is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Site:
(1) does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise); and
(2) does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
(3) is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions.
APPROPRIATE EXPERT INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.
Neither Leaders & Company Limited nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.
You agree that Leaders & Company Limited, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
(1) interruption of business; or
(2) access or other delays, terminations, suspensions, denials or access interruptions to the Site; or
(3) data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
(4) third party website links on the Site; or
(5) reliance on the information contained on the Site; or
(6) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or
(7) any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
(8) events beyond our reasonable control.
Notwithstanding any provision of these Terms, Leaders & Company Limited does not exclude or limit its liability for:
(1) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(2) fraudulent misrepresentation; or
(3) any liability which it is not lawful to exclude either now or in the future.
You will indemnify and will keep indemnified Leaders & Company Limited and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
Any contractual or legal relationship between you and Leaders & Company Limited will be concluded in English.
All notices shall be given by e-mail to us at email@example.com or, to you at either the e-mail or postal address you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
These Terms form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.
The licence granted in section 5 above is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
No waiver by Leaders & Company Limited of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and Leaders & Company Limited shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of Leaders & Company Limited under these Terms are independent, cumulative and without prejudice to its rights under the law.
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.