These Terms of Use are effective on October 11, 2016. By accessing or using the SOURCE FACT site, or any applications (including mobile applications) made available by SOURCE FACT (together, the “Site”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Site is owned or controlled by SOURCE FACT ADMIN (“SOURCE FACT”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Site.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SOURCE FACT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

You must be at least 13 years old to use the Site.

You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Site and your Content (defined below), including but not limited to, copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Site.

You must not access SOURCE FACT’s private API by means other than those permitted by SOURCE FACT.

You must not interfere or disrupt the Site or servers or networks connected to the Site, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any SOURCE FACT page is rendered or displayed in a user’s browser or device.

Violation of these Terms of Use may, in SOURCE FACT’s sole discretion, result in a ban of SOURCE FACT usage. You understand and agree that SOURCE FACT cannot and will not be responsible for the Content stylize on the Site and you use the Site at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for SOURCE FACT, we can stop providing all or part of the Site to you.

General Conditions

We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Site your photos, comments, likes, friendships, and all other data will no longer be accessible to us.

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the Site after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

We reserve the right to refuse access to the Site to anyone for any reason at any time. There may be links from the Site, or from communications you receive from the Site, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Site. The Site also includes third-party content that we do not control, maintain or endorse. Functionality on the Site may also permit interactions between the Site and a third-party web site or feature, including applications that connect the Site or your profile on the Site with a third-party web site or feature. For example, the Site may include a feature that enables you to share Content from the Site or your Content with a third party, which may be publicly posted on that third party’s site or application. Using this functionality typically requires you to login to your account on the third-party site and you do so at your own risk. SOURCE FACT does not control any of these third-party web sites or any of their content. You expressly acknowledge and agree that SOURCE FACT is in no way responsible or liable for any such third-party sites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Site or your profile on the Site with a third-party site (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) your use of an Application is at your own option and risk, and you will hold the SOURCE FACT Parties (defined below) harmless for activity related to the Application. You agree that you are responsible for all data charges you incur through use of the Site. We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with SOURCE FACT’s express consent).

Rights

SOURCE FACT does not claim ownership of any Content that you post on or through the Site. Instead, you hereby grant to SOURCE FACT a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you stylize on or through the Site, subject to the Site’s Privacy Policy, available here http://sourcefact.com/privacy/, including but not limited to sections “Sharing of Your Information” and  “How We Store Your Information”. Some of the Site is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SOURCE FACT may place such advertising and promotions on the Site or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You acknowledge that we may not always identify paid sites, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the Content stylized by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you stylize on or through the Site; and (iii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

The Site contains content owned or licensed by SOURCE FACT (“SOURCE FACT Content”). SOURCE FACT Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and SOURCE FACT, SOURCE FACT owns and retains all rights in the SOURCE FACT Content and the Site. You will not remove, alter or conceal any copyright, trademark, site mark or other proprietary rights notices incorporated in or accompanying the SOURCE FACT Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the SOURCE FACT Content.

The SOURCE FACT name and logo are trademarks of SOURCE FACT, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SOURCE FACT, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are site marks, trademarks and/or trade dress of SOURCE FACT, and may not be copied, imitated or used, in whole or in part, without prior written permission from SOURCE FACT.

Although it is SOURCE FACT’s intention for the Site to be available as much as possible, there will be occasions when the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SOURCE FACT reserves the right to remove any Content from the Site for any reason, without prior notice. Content removed from the Site may continue to be stored by SOURCE FACT, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, SOURCE FACT encourages you to maintain your own backup of your Content. In other words, SOURCE FACT is not a backup site and you agree that you will not rely on the Site for the purposes of Content backup or storage. SOURCE FACT will not be liable to you for any modification, suspension, or discontinuation of the Sites, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Except as otherwise described in the Site’s Privacy Policy, available at http://sourcefact.com/privacy/, as between you and SOURCE FACT, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.

Disclaimer of Warranties

THE SITE, INCLUDING, WITHOUT LIMITATION, SOURCE FACT CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SOURCE FACT NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SOURCE FACT PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SOURCE FACT CONTENT; © USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SOURCE FACT OR VIA THE SITE. IN ADDITION, THE SOURCE FACT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE SOURCE FACT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SOURCE FACT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SOURCE FACT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SOURCE FACT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

THE SOURCE FACT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE SOURCE FACT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE SOURCE FACT CONTENT; © USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SOURCE FACT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SOURCE FACT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE SOURCE FACT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SOURCE FACT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SOURCE FACT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SITE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SOURCE FACT PARTIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

SOURCE FACT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Site) agree to defend (at SOURCE FACT’s request), indemnify and hold the SOURCE FACT Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by SOURCE FACT in the defense of any claim. SOURCE FACT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of SOURCE FACT.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or SOURCE FACT’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and SOURCE FACT (whether or not such dispute involves a third party) with regard to your relationship with SOURCE FACT, including without limitation disputes related to these Terms of Use, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and SOURCE FACT hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor SOURCE FACT will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if SOURCE FACT is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor SOURCE FACT can require the other to participate in an arbitration proceeding. To opt out, you must notify SOURCE FACT in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

SOURCE FACT: Arbitration Opt-out No.4 Sunny Street Maryland Estate, NG 460271

You must include your name and residence address, the email address you use for your SOURCE FACT account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with SOURCE FACT.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with SOURCE FACT must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with SOURCE FACT exclusively in a state or federal court located in Nigeria, and to submit to the personal jurisdiction of the courts located in Nigeria for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. SOURCE FACT’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. SOURCE FACT reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with SOURCE FACT.

Entire Agreement

If you are using the Site on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and SOURCE FACT and governs your use of the Site, superseding any prior agreements between you and SOURCE FACT. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SOURCE FACT. Any purported assignment or delegation by you without the appropriate prior written consent of SOURCE FACT will be null and void. SOURCE FACT may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SOURCE FACT to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, site or other feature that SOURCE FACT provides.

The effective date of these Terms of Use is October 11, 2016. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

 

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