Accountability for content
The
contents of our pages have been created with the utmost care
by our contributors. However, we cannot guarantee the
contents' accuracy, completeness or topicality.
According
to statutory provisions, we are furthermore responsible for
our own content on these web pages. In this context, please
note that we are accordingly not obliged to monitor merely
the transmitted or saved information of third parties or
investigate circumstances pointing to illegal activity. Our
obligations to remove or block the use of information under
generally applicable laws remain unaffected by this.
Accountability for links
Responsibility for the content of external links (to
web pages of third parties) lies solely with the operators
of the linked pages. No violations were evident to us at the
time of linking.
Should any legal infringement become
known to us, we will remove the respective link immediately.
The following information is to help you understand how we
collect, use, disseminate and safeguard the data you provide
while accessing and using Nigerian Mockups.
Nigerian Mockups and its affiliates and
subsidiaries (“Nigerian Mockups”, “we” or “us”) are
committed to protecting your privacy and safeguarding your
personal information. The purpose of this privacy policy
(the “Privacy Policy”) is to inform you about our privacy
practices, including how we collect, use and disclose your
personal information.
This Privacy Policy applies
to our website, mobile applications and related services
(collectively, the “NM Services”). By visiting, accessing,
or using the NM Services, you consent to the policies and
practices of this Privacy Policy so please read them
carefully. If any policies or practices of this Privacy
Policy are unacceptable to you, please do not visit, access,
or use the NM Services.
Personal information
Personal Information We
Collect
The personal information we collect about you may include
the following. In each case, we identify the grounds that we
rely on to process your personal information under the
Nigerian Data Protection Regulation 2019 (the “NDPR”):
A.
Account Profile–when you open an account, we may collect
your first name, last name, email address, username and
password. You may also provide additional details on your
account profile, such as your profile picture, photos,
location data, personal website, Instagram username, Twitter
username and Facebook profile.Applicable legal
grounds:contract performance, consent, legitimate interests
(to enable us to perform our obligations and provide our
services);
B. Device Information–information that
is automatically collected about your device, such as
hardware, operating system, browser, etc.Applicable legal
grounds: legitimate interests (to allow us to provide the
content and services on the website), consent, contract
performance;
C. Location Information–information
that is automatically collected via analytics systems
providers to determine your location, including your IP
address and/or domain name and any external page that
referred you to us. Applicable legal grounds: legitimate
interests(to allow us to provide the content and services on
the website), consent, contract performance
D.
Server Log Information–information that is generated by your
use of the NM Services that is automatically collected and
stored in our server logs. This may include, but is not
limited to, device-specific information, location
information, system activity and any internal and external
information related toNigerian Mockup pages that you visit.
Applicable legal grounds: legitimate interests (to allow us
to provide the content and services on the website),
consent, contract performance;
E.
Correspondence–information that you provide to us in
correspondence, such as when you submit questions or
inquiries and with respect to ongoing customer support.
Applicable legal grounds: legitimate interests (to enable us
to perform our obligations and provide our services),
consent, contract performance
We respect and are
committed to protecting your privacy. We do not sell or
otherwise provide personal information to other companies
for the marketing of their own products or services. We will
retain your personal information for as long as your account
is active or as needed to provide you services or as
necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
We reserve
the right to disclose your personal information as required
by law (e.g., to comply with a subpoena, warrant, or court
order) and when we believe that disclosure is necessary to
protect our rights, avoid litigation, protect your safety or
the safety of others, investigate fraud, and/or respond to a
government request. We may also disclose information about
you if we determine that such disclosure should be made for
reasons of national security, law enforcement, or other
issues of public importance.
Cookies
Nigerian Mockups may also make use of the standard
practice of placing tiny data files called cookies, flash
cookies, pixel tags, or other tracking tools (“Cookies”) on
your computer or other devices used to access the NM
Services. A cookie is a small file containing a string of
characters that is sent to your computer when you visit a
website. When you visit the website again, the cookie allows
that site to recognise your browser. Cookies are used on
Nigerian Mockups to store visitor preferences and other
technical information required for the functionality of the
website.
We use these technologies to help us
recognise you as a user, collect information about your use
of the NM Services to better customize our services and
content for you however no personal information is stored in
these cookies. By using the NM Services, you acknowledge and
agree that we may collect and/or transmit any data collected
to our third-party service providers, such as analytics
providers, which may also make use of such technologies
described above.You can reset your browser to refuse all
cookies or to indicate when a cookie is being sent. However,
some website features or services may not function properly
without cookies and you will not be able to use some or all
of the NM Services
How We Use Personal Information
We take steps designed to ensure that only those who
need access to your personal information duties will have
access to it. We may use the personal information we collect
to:
A. provide you with theNMServices, including
customer support;
B. optimize and enhance the
NMServices, including to develop new products, services,
features, and functionality;
C. respond to inquiries
and other requests;
D. provide you with information
that we think may interest you, including in regards to our
products and services;
E. monitor the usage of the
NMServices, including by conducting automated and manual
security checks;
F. understand and analyze the usage
trends and preferences of our users;
G. create
aggregated and anonymized reporting data about
theNMServices;
H. investigate legal claims;I.carry out
such purposes for which we may obtain consent from time to
time; andJ.carry out such other purposes as may be permitted
or required by applicable law
How We Share Personal Information
We may disclose your personal information to law
enforcement and governmental entities when required by law
or in the good-faith belief that such action is necessary to
comply with applicable laws, in response to a facially valid
court order, judicial or other government subpoena or
warrant, or to otherwise cooperate with law enforcement or
other governmental agencies. We may also disclose your
personal information to a third party in the event of any
potential or completed reorganization, merger, sale, joint
venture, assignment, transfer or other disposition of all or
any portion of our business.
We rely on third
party services providers to perform a variety of services on
our behalf, such as identity verification, detection of
fraud or security threats, telephone or technical support,
payment card processing, hosting services, and data storage
or processing, and we may transfer your personal information
to our service providers for such purposes. Third party
service providers have access to and may collect personal
information only as needed to perform their functions and
are not permitted to share or use the information for any
other purpose.
When we disclose your personal
information to third parties, we take reasonable measures to
ensure that the rules set forth in this Privacy Policy are
complied with and that such third parties provide sufficient
guarantees to implement appropriate technical and
organisational measures to protect your personal
information
Information Security
We take your privacy very seriously and have
implemented physical, organizational and technological
security measures with a view to protecting your personal
information from loss or theft, unauthorized access,
disclosure, copying, use or modification. In particular, we
encrypt the Nigerian Mockups website with an SSL; we
periodically review information collection, storage, and
processing practices; and we restrict access to your
information on a need-to-know basis for our employees,
contractors, and agents who are subject to strict
contractual confidentiality obligations and may be
disciplined or terminated if they fail to meet these
obligations.
Despite the measure outlined above,
no method of information transmission or information storage
is 100% secure or error-free, so we unfortunately cannot
guarantee absolute security. If you have reason to believe
that your interaction with us is no longer secure (for
example, if you feel that the security of any information
that you provided to us has been compromised), please
contact us immediately
Retention of Personal Information
We will use, disclose or retain your personal information
only for as long as necessary to fulfill the purposes for
which that personal information was collected and as
permitted or required by law.
Rights Regarding Your Personal Information
Under certain circumstances and in accordance with
the NDPR or other applicable data protection laws, you have
the following rights:
A. Access–ask if we are
processing information and, if we are, request access to
your personal information. This enables you to receive a
copy of the personal information we hold and certain other
information about you;
B. Correction–request that any
incomplete or inaccurate personal information about you that
we hold be corrected;
C. Erasure–ask us to delete or
remove your personal information in certain circumstances.
There are certain exceptions where we may refuse a request
for erasure, for example, where the personal information is
required for compliance with law or in connection with legal
claims;
D. Restriction–ask us to suspend the processing
of your personal information, for example, to establish its
accuracy or the reason for processing it;
E.
Transfer–request the transfer of certain personal
information to another party;
F. Objection–challenge
our processing of personal information based on a legitimate
interest (or those of a third party) or for direct marketing
purposes. However, we may been titled to continue processing
information in certain circumstances;
G. Automated
decisions–contest any automated decision made where it has a
legal or similar significant effect and ask for it to be
reconsidered; and
H. Consent–where we are processing
personal information with consent, withdraw your consent.
You
also have a right to make a complaint with a data protection
supervisory authority, in particular in the country (as
defined below) where you normally reside, where we are based
or where an alleged infringement of data protection law has
taken place.
To exercise any of these rights,
please contact us.
Direct Marketing
Subject to applicable laws and regulations, we may
from time to time send direct marketing materials promoting
services, products, facilities, or activities to you using
information collected from you. If you no longer want to
receive marketing-related communications from us, you may
opt-out of such communications by clicking the “unsubscribe”
link at the bottom of emails you receive from us. You may
also opt-out by contacting us directly. We will endeavor to
respond to your opt-out request promptly, but we ask that
you please allow us reasonable time to process your request.
We will not provide your information to third parties for
direct marketing or other unrelated purposes without your
written consent.
Please note that if you opt-out
from receiving marketing-related communications, we may
still need to send you communications about your use of our
products or services, or other matters, subject to
applicable laws and regulations
Data Transfer
Your personal information may be stored and processed
in any country, province or state (each a “Country”) where
we have facilities or in which we engage third party service
providers. As a result, your personal information may be
transferred to Countries outside your Country of residence,
which may have different data protection rules than in your
Country. While such information is outside of your Country,
it is subject to the laws of the Country in which it is
held, and may be subject to disclosure to the governments,
courts or law enforcement or regulatory agencies of such
other Country, pursuant to the laws of such Country.
However, our practices regarding your personal information
will at all times continue to be governed by this Privacy
Policy and, if applicable, we will comply with the NDPR
requirements of providing adequate protection for the
transfer of personal information from Nigeria to other
countries
Third Party Websites and Services
This Privacy Policy applies only to the NM Services
and does not extend to any websites or products or services
provided by third parties. We do not assume responsibility
for the privacy practices of such third parties, and we
encourage you to review all third party privacy policies
prior to using third party websites or products or
services.
Persons under 16
Nigerian Mockups is not marketed toward persons under
the age of 16. If we discover that personal information was
inadvertently collected about individuals under the age 16,
we will promptly delete such information.
Contact Us
For any questions or comments about this Privacy
Policy or your personal information, to make an access or
correction request, to exercise any applicable rights, to
make a complaint, or to obtain information about our
policies and practices with respect to any service providers
outside Nigeria, our Privacy Officer can be reached at
+2348093256853
This Privacy Policy was last updated on October 13th,
2021
1. Introduction
Nigerian Mockups is a
library of high-definition photorealistic mockups, for
designers by designers. We (Check Design Company Limited., a
Nigerian company) operate the Nigerian Mockups website at
Nigerianmockups.com
(the “Website”) and all related websites,
software, mobile apps, and other services that we provide
(together, the “Service”) with the goal of
celebrating and enabling contributors and fostering
creativity in our community. Your use of the Service, and
our provision of the Service to you, constitutes a legal
agreement between you("you" or "User/s")
and the owners and operators ("we",
"us", or "Nigerian Mockups") of the
Website to be bound by the Terms of service in these Terms
of Service("Terms").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY
REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE
TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE
BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY
POLICY.
If you don’t agree with anything we propose in these Terms,
please don’t (and you don’t have our permission to) use any
part of the Service.
1. Acceptance of Terms
1.1 Nigerian Mockups operates the Site, a platform that
allows you to post, link, store, share and otherwise make
available certain information, text, graphics, photos,
videos, or other material (together"Content"). Our
goal is to help designers, bloggers and everyone who is
looking for an image to find photos and other Content that
you can use for free subject to and in compliance with these
Terms
1.2. Your access to and use of the Service is
conditioned on your acceptance of and compliance with these
Terms. These Terms apply to all photographers, visitors,
users and others who access and/or use the Service.
1.3.
By accessing or using the Service, whether as a
photographer, visitor or user of the Website, you agree to
be bound by these Terms. These Terms serve to protect and
safeguard your rights, the rights of other users, our rights
and the rights of third parties in the course of operating
the Website. If you do not agree to the terms of service,
you must immediately stop using any part of the Service.
1.4.
We reserve the right to change or adapt these terms at any
time and without giving reasons with effect for the future.
You will be notified of these changes at least two weeks
before they take effect by posting them on the website and
should you have created a user account on our website by
notifying your registered e-mail address. You have the right
to immediately cancel and terminate your account on our
website if you do not agree to the changes to the terms.
Changes shall be deemed approved by you if you continue to
use the service after the new terms come into effect.
1.5.
The use of the Service is subject to the Terms in force at
the time of use.
2. Accounts and Registration
2.1. You have the option of creating a user account
on our Website so that you can use the additional functions
of the Website, in particular for uploading photos and other
Content or for participating in any contests made available
through the Service. The opening of a user account can only
take place with the agreement to these Terms.
2.2. Upon
registration,Nigerian Mockups and you enter into a contract
for the use of the Website and the Services. There is no
claim to the conclusion of this contract. Nigerian Mockups
is entitled to refuse your registration without giving
reasons.
2.3. You may only register withNigerian
Mockups if you are 16years of age or if you act with the
consent of your parents or guardian to register under these
Terms.Nigerian Mockups reserves the right to verify the
consent of your parents or guardian. Therefore, you must
provide an e-mail address of your parents or guardian when
you register, so that we can obtain a declaration of consent
from your parents or guardian.
2.4. When you create an
account with us, you must provide us with the information
and data requested byNigerian Mockups that is accurate,
complete, and current at all times. If your data changes
after registration, you are obliged to correct the
information in your account immediately.
2.5. You may
not use as a username the name of another person or entity
or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or
entity other than you without authorization, or a name that
is otherwise offensive, vulgar or obscene
2.6. You are
responsible for safeguarding the password that you use to
access the Service and for any activities or actions under
your password, whether your password is with ourService or a
third-party service. If you are not responsible for the
misuse of your member account, you are not liable. You agree
not to disclose your password to any third party.You must
notify us immediately [email protected]
becoming aware of any breach of security or unauthorized use
of your account.
3. Contests, Sweepstakes and Promotions
3.1. Occasionally, Nigerian Mockups or our partners
and/or advertising partners conduct promotional activities
on the Website, such as contests, sweepstakes or other
promotions(together"Promotions"). Each of these
Promotions are subject to additional special conditions
("Conditions of Participation"), which will be
published on our Website or otherwise notified to you by
Nigerian Mockups.
3.2. When participating in
Promotions, you must separately agree to the applicable
Conditions of Participation. After approval, the Conditions
of Participation are an integral part of theseTerms. In the
event of a conflict between the Conditions of Participation
and the Terms, the Conditions of Participation shall prevail
with respect to the Promotion in question.
3.3. All
prizes in connection with a Promotion are non-transferable
and cannot be changed for cash or other products or
services. Nigerian Mockups reserves the right to modify or
replace the Promotion prizes. Information on Data Protection
Participation in the Promotion requires the participant to
provide personal data such as name, address, telephone
number and e-mail address. These personal data will be
collected and processed by Nigerian Mockups and/or by
appointed providers (e.g.companies providing tech gadgets,
coupons or other prizes) for the purpose of participation,
implementation and handling of the Promotion and the
possible notification of a win on the basis of the Nigerian
Data Protection Regulation 2019(NDPR)(performance of
contractual relationships with you). Personal data will not
be passed onto third parties, with the exception of
partners, which are also involved in the Promotion.In the
event of a win, the personal data collected for
participation in the Promotion will be transferred to the
respective third party involved (hotels, travel
agents/organisers)exclusively for the above-mentioned
purpose. As soon as the process of determining the winner
and of handing-out the price is completed and the data
provided is no longer required, they are deleted, unless
continued storage is required on legal grounds.You have the
right in accordance with the NDPR to:
-
obtain information about the personal data processed by
us;
- obtain without undue delay the
rectification or completion of your personal data stored by
us;
- obtain the erasure of the
personal data stored by us, unless the processing is
necessary for exercising the right of freedom of expression
or information, for compliance with a legal obligation, for
reasons of public interest or for the establishment exercise
or defense of legal claims;
- obtain
the restriction of the processing of your personal data if
you contest the accuracy of the personal data, the
processing is unlawful, but you oppose their erasure and we
no longer require the data, but you require these for the
establishment, exercise or defense of legal claims or you
have objected to their processing;
-
receive your personal data in a structure, commonly used and
machine-readable format or have such transmitted to another
controller;
- to complain to a
supervisory authority. You can usually contact the
supervisory authority at your normal place of residence or
your workplace or where we are headquartered for this.
Such
personal data as may be collected, saved, transferred,
processed or used shall be consulted byNigerian Mockups and
by such providers as are appointed in this
connection–together with any partners which may be
involved–and (in the event of a win) collected, saved etc by
any involved 3rd parties (hotels, travel agents/organisers)
exclusively for that purpose and shall be deleted once the
competition has been wound up in its entirety, unless there
are compulsory legal reasons requiring that the data should
not be deleted. Otherwise, the general data-protection
guidelines ofNigerian Mockups(.) shall apply.
4. Intellectual Property; License to Users
4.1. Subject to your compliance with these Terms, you
may access and use the Website andService.
4.2. The
Website and the Service are protected by copyright,
trademark and/or other protective rights and are subject to
copyright law and other protective laws ("Nigerian
MockupsRights").Nigerian Mockups is the rightful owner
or licensee of all rights to the Website and the Service.
With the exception of the use of the Website and Service in
accordance with these Terms, use of Nigerian Mockups Rights
is only permitted with the prior written consent of Nigerian
Mockups.
4.3. Except for certain sponsored content
(i.e. content from partners that you can buy from them by
getting redirected to their website, herein after
"Sponsored Content"), all Content made available
for download on the Service can be used for free for
personal and/or commercial purposes subject to some
limitations as set out in these Terms. You do not need to,
but you can, credit the photographer or owner of the Content
or Nigerian Mockups
5. Nigerian Mockups License
For all Content made available for download on the Service,
Nigerian Mockups grants you an irrevocable, perpetual,
non-exclusive, royalty-free license to download, copy,
modify, distribute, perform, and otherwise use the Content
(this does not include Sponsored Content), including for
commercial purposes, without attributing the photographer/
content owner or Nigerian Mockups
("Nigerian Mockups License"). The
Content made available for download on the Service under the
Nigerian Mockups-License
("Nigerian Mockups Content") is
marked with the reference "Nigerian Mockups
License" next to the respective picture /content.
The Nigerian Mockups License does not include:
- the right to compile anyNigerian
MockupsContent to replicate a similar or competing
Service;
- the right to sell copies
of theNigerian MockupsContent without first updating,
modifying, or otherwise incorporating new creative elements
into the Content (i.e., selling unaltered copies of photos,
videos or other content), including selling the Content as
prints or printed on physical goods
5.1 While
photographers and users that upload Content to our Website
represent and warrant to us that they have all the rights
therein and that the Content does not infringe any third
party rights,Nigerian Mockups cannot reasonable monitor all
Content uploaded to the Service. We therefore do not make
any representations or guarantees for the rights granted
here under to you.
5.2. Be aware that, depending on
your intended use of the Content, you may need the
permission or consent of a third party (e.g. owner of a
brand, identifiable person or author/rights holder of
copyrightable work depicted in the Content)
6. Restrictions on use of the Service and Content
6.1. You represent and warrant toNigerian Mockups
that by using the Service you will NOT:
- impersonate any other person on the Services, e.g. a
representative ofNigerian Mockups or any other person
responsible for the Services, or impersonate any
non-existent relationship with such persons;
- use the Service and/or Website for the storage, publication
and/or transmission of "junk mails", chain
letters, unsolicited bulk e-mails, etc., or for any other
purpose. ("spamming");
- send any data or store any data on aNigerian Mockups data
carrier which, by its nature or nature (e.g. viruses), size
or reproduction (e.g. spamming), is intended to impair or
endanger the existence or operation of the Services and the
Nigerian Mockups data network;
- make
any electronic attacks of any kind on the Service or
network; in particular, the use of computer programs to
automatically read out data such as robots, spiders, etc. is
prohibited;
- use or exploit any
metatags or other hidden texts containing the name or
trademark of Nigerian Mockups without the express written
consent of Nigerian Mockups;
- collect, store or use any personal information, including
member names and profiles, about other users;
- copy the look and feel of the Website.
6.2.
Furthermore, despite the Nigerian Mockups License provided
to you by Nigerian Mockups here under you agree to NOT use
any Nigerian Mockups Content made available via the Service
(in whole or in part):
- to portray
any person depicted in the Content (a "Person") in
a way that a reasonable person would find offensive,
including but not limited to depicting a Person:
a) in
connection with pornography, adult entertainment venues,
escort services, dating services, or the like;
b) in
connection with the endorsement of products and services
(i.e.statement made to the Person highlighting the benefits
or recommending products/services to the public) ;
c)
in a political context, such as the promotion, advertisement
or endorsement of any party, candidate, or elected official,
or in connection with any political policy or viewpoint;
d) as suffering from, or medicating for, a physical or
mental ailment; or
e) engaging in immoral or criminal
activities;
- in a pornographic,
defamatory, or deceptive context, or in a manner that could
be considered libelous, obscene, or illegal;
- as a trademark, service mark, logo or other indication of
origin, or as part thereof;
- in a
manner that infringes upon any third party’s copyright,
trademark or other intellectual property, or gives rise to a
claim of deceptive advertising or unfair competition;
- falsely represent, expressly or by way of reasonable
implication, that any Content was created by you or a person
other that the copyright holder(s) of that Content;
- access, download, copy, modify, distribute, perform, or use
any Content to create a similar or competitive service or to
contribute the Content to an existing similar or competitive
service.
7. Violation of Terms and Termination of Use
7.1. Nigerian Mockups reserves the right to reject
the publication of Content at its own discretion and to
delete Content already published.
7.2. Nigerian Mockups
further reserves the right to restrict or suspend your
access to theServices in whole or in part at any time,
without prior notice and excluding any claim for damages on
your part ("Suspension"), if there are reasonable
grounds for suspecting violations by you of these Terms
and/or the applicable Conditions of Participation.
7.3.
If you prove within twelve (12) months after the Suspension
that you have not violated theTerms the applicable
Conditions of Participation, Nigerian Mockups will lift
theSuspension. If such proof is not provided within the
12-month period, Nigerian Mockups is entitled to delete your
member account including all its data.
7.4. Nigerian
Mockups expressly reserves the right to take legal action,
in particular to assert claims for damages or to file
criminal charges
8. Notice of Infringements
8.1. Please let us know if you believe that any
Content made available on and via the Service contains a
violation of the law. The message can be sent by e-mail to
the address
[email protected]
8.2. If you as the copyright owner or as its representative
believe that your copyrights are infringed by the Content of
users stored, published or transmitted on the Website,
please notify us by e-mail to
[email protected]
including the following information:
- a description of the rights you consider to have been
infringed;
- a statement of the
content you believe infringes your rights, preferably
including a URL, and the part of the content you believe
infringes the law;
- your address,
telephone number and email address to contact you;
- a statement by you that, to the best of your knowledge and
in good faith, you believe that the use in question has not
been approved or is not authorized by the rights holder or
its agent
9. Disclaimer of Warranty; Links to other third party
sites
9.1. The use of the Service is at your own risk. The
Website and theService are offered to you on an "as
is" and "as available" basis. We do not
warrant that the Website or the Services will always be
uninterrupted, current, timely, secure, error-free or
suitable for use for any particular purpose or to achieve
any particular result.
9.2. Nigerian Mockups does not
guarantee that the content on the Website or on linked other
sites is correct or complete. The content of the users does
not reflect our opinions or views on life. The presence of
links to other websites does not imply thatNigerian Mockups
endorses or recommends the linked website.Nigerian Mockups
has no influence on the contents of the linked external
sites and is not responsible for them. We strongly advise
you to read the Terms of service and privacy policies of any
third-party websites or services that you visit. Nigerian
Mockups is also not responsible for the advertising of third
parties published on the Website or for the goods or
services offered therein.
9.3. IfNigerian Mockups
becomes aware of any violations of the law through content,
links to third-party websites or advertising published on
the website, Nigerian Mockups will immediately delete such
content, links or advertising.
9.4. Nigerian Mockups
accepts no responsibility for errors, omissions,
interruptions, deletions, defects, delays in operation or
transmission, communication line failures or unauthorized
access or theft, destruction or modification of user
communications. Likewise, Nigerian Mockups is not liable for
problems or technical malfunctions in connection with
telephone networks or lines, online systems, servers or
providers, computer equipment, software or for failures of
e-mails or players due to technical problems or data jams on
the internet and/or one of the Service, unless these are
within the sphere of influence of NigerianMockups.
10. Liability
10.1. We are liable for damages according to the
statutory provisions unless otherwise stated below. In the
case of breach of obligation–on any legal ground
whatsoever–we are responsible for intent and gross
negligence. In the case of simple negligence, we are liable
only for;
- damage due to injury to
life, body or health, and
- damage
due to serious breach of a fundamental contractual
obligation (obligation the performance of which at all
enables the due performance of the agreement and on the
compliance on which the contractual partner usually relies
and is entitled to rely). In that case, the liability is,
however, limited to reimbursement of foreseeable and typical
loss.
10.2. The above limitations of liability also
apply in favour of our employees, staff, representatives and
agents.10.3.For claims under the Product Liability Act, the
statutory provisions apply exclusively.10.4.Claims for
damages againstNigerian Mockups shall become statute-barred
after twelve(12) months from the date of their creation,
unless they are based on intentional or grossly negligent
acts.
11. Indemnification
You agree to defend, indemnify and hold Nigerian
Mockups and its affiliates harmless from and against any and
all claims, damages, liabilities, losses or demands arising
out of or in connection with
(i) your use and access
to the Website and/or Service;
(ii) your violation of
these Terms;
(iii) infringement of third party rights
(copyrights, trademark rights, personal rights, etc.) by you
or your Content. The indemnity obligation includes
thereasonable costs of legal defence, in particular
lawyer's fees, necessary to defend againstsuch
claims.
12. Data Protection
Use of the Website andService is subject to our
Privacy Policy, which is available at
.
13. Choice of law, place of jurisdiction
The Terms shall be governed by the laws of the
Federal Republic ofNigeria.If a lawsuit is permitted under
these Terms, you and we agree to the exclusive jurisdiction
of the state and federal courts located in Lagos State,
Nigeria.
14. Miscellanous
These Terms, together with the applicable Conditions
of Participation, our Privacy Policy, and any other legal
provisions published by us on the Website, constitute the
sole agreement between you andNigerian Mockups regarding
your use of the Website and the Services. Should individual
clauses of these Terms be wholly or partially invalid or
should theseTerms contain gaps, this shall not affect the
validity of the remaining Terms