INTRODUCTION.
Welcome to 47th Avenue, The Mobile Business District. This platform is the sole property of Xpal Africa LTD and is made available by Xpal Africa LTD. These Terms of Use apply to everyone who Uses this Platform (as defined below), or who participates in any Projects hosted on this Platform. THIS DOCUMENT IS A LEGAL CONTRACT, PLEASE READ IT CAREFULLY FIRST. BY USING THIS PLATFORM THROUGH WHATEVER AVENUE, INCLUDING THE MOBILE OR PARTICIPATING IN ANY PROJECTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THIS PLATFOPRM OR PARTICIPATE IN ANY PROJECTS HOSTED ON THIS PLATFORM.

DEFINITIONS.
As used here:
a. "Hosts" means Xpal Africa Ltd.
b. "Materials or Content" means source code, code samples, object code, technical materials, documentation, discussion thread postings, blogs, wikis, data, and any other content, information, images, technology or services available on the 47th Avenue.
c. "Project" means a project, programmeopr event hosted on the  platform.
d. "Platform" means the 47th Avenue website including its mobile site, mobile applications, desktop applications and any other application linked to the 47th Avenue from which these Terms of Use are linked, or that prompt or require Users to view or accept these Terms before accessing such pages, as well as any successor web pages or other technology as may be designated by the Hosts.
e. "Submissions" means any Materials or contents submitted on the Platform, including all Projects.
f. "Terms or Statement (TOS)" means the entire Terms of Use document.
g. "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses this platform in any way or participates in any project hosted on this platform.
h. "You" means you personally, as well as any person or entity on whose behalf you are Usingthis platform
i. “Order” are paid contents as it pertains to advertisement, promos, or deals refers to the amount of impressions paid for by you or the durations of days paid for in showing the content
j. “Dino” or “Dinos” are the official vouchers used in carrying out trasnsactions on the 47th Avenue. Dinos are to be purchased into your 47th avenue account using our online payment platform.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the 47th Avenue Services, you represent that you are of legal age to form a binding contract. You also agree toprovide true, accurate, current and complete information about yourself as prompted by the 47th Avenue’s registration form. You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 47th AvenueAdmin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 47th Avenue admin has the right to suspend or terminate your account and refuse any and all current or future use of the 47th Avenue Services.

USER ACCOUNT, PASSWORD AND SECURITY
By Registering on the 47th Avenue, You will set a username and a password in the process of the registration. You are completely responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur under your account. You agree to therefore immediately notify Xpal Africa or the 47th Avenue Admin of any unauthorized use of your account or any other breach of security. You will also ensure that you exit from your account at the end of each session by logging out.  Xpal Africa or the 47th Avenue Admin cannot and will not be liable for any loss or damage arising from your failure to comply with these instructions.

USER CONDUCT
By registering on 47th Avenue, you understand that all information and materials posted on the platform are the sole responsibility of the individual who posted such. The implication of this is that YOU and not Xpal Africa are responsible for any information or content you post or upload.
Xpal Africa does not control information or content posted on the 47th Avenue platform hence, we cannot guaranty the authenticity, accuracy, integrity or quality of such contents and information as posted or uploaded by other users. Xpal Africa would therefore be indemnified from any negative or dissatisfactory occurrence as a result of such information of content. You are therefore advised to access any information or content uploaded or posted by other users with some level of caution. ANY DEAL OR INFORMATION TOO GOOD TO BE TRUE is probably not authentic, thread with CAUTION! 
You also understand that as with any physical location where commercial activities are being carried out, by using this platform, you may be exposed to content that is offensive or indecent. Xpal Africa shall therefore not be responsible for any loss or damage, directly or indirectly as a result of your exposure to any such content posted or uploaded on this platform.
We do our best to keep 47th Avenue safe, secure and free from all manner of fraudulent activities, but we cannot guarantee it. We therefore need your help to achieve it , which includes the following commitments:
You agree not to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
You will not engage in any fraudulent activities on 47th Avenue.
You will not directly or indirectly upload any information that is untrue, false, or partly true on 47th Avenue.
All information, or content which you upload on 47th avenue will be true, original, and with utmost integrity.
You will not send, post or upload any unauthorized commercial communications on 47th Avenue.
You will not access 47th Avenue, using automated means (such as harvesting bots, robots, spiders, or scrapers) or any means other than through the interface that is provided by Xpal Africa for use in accessing the 47th Avenue.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on 47th avenue.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will conduct yourself appropriately while on 47th Avenue and shall not intimidate, or harass any user.
You will not offer any illegal / unauthentic contest, giveaway, or sweepstakes ("promotion or deal") on 47th Avenue.  If you decide to upload a promotion or deal, you take full and complete responsibility for the promotion or deal. 
You will not use the 47th Avenue platform to do anything unlawful, misleading, malicious, or discriminatory.
You will not post any information or content that does not belong to you or one for which you do not have the required authority or permission to post or upload.
You will not impersonate any individual or organisation, including, but not limited to, a 47th Avenue or Xpal Africa official, or falsely state or otherwise misrepresent your affiliation with a individual or organisation;
You will not carry out any type activity that will cause the 47th Avenue platform to malfunction or overburdened in any form whatsoever.  You shall also not interfere with or disrupt the 47th Avenue platform or servers or networks connected to 47th Avenue, or disobey any requirements, procedures, policies or regulations of networks connected to 47th Avenue.
You will immediately report to Xpal Africa or the 47th Avenue Admin, any activities by any fellow user of this platform which constitutes fraud, unlawful acts, illegal activities or a violation of this statement   whether by an individual or an entity which you may have observed personally or heard about.
You understand and acknowledge that Xpal Africa may or may not pre-approve Content before it is made public, but that Xpal Africa and its administrative officers shall have the right (but not the obligation) in their sole discretion to pre-approve, refuse, or remove any Content or information that is available via 47th avenue. Without limiting the foregoing, Xpal Africa and its administrative officers shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Xpal Africa, the 47th avenue Admin or submitted to Xpal Africa or 47th Avenue including without limitation information in 47th Avenue Promos, deals and update sections and in all other parts of 47th Avenue.
You acknowledge, consent and agree that Xpal Africa may access, preserve and disclose your account information and your uploaded Contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal or criminal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Xpal Africa, 47th Avenue its users and the public.
You will not facilitate or encourage any violations of this Statement

CHARGE
Accessing and using some parts of the 47th Avenue maybe free. We do not however guarantee that it will always be free.

MOBILE
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees such as data Charges, will still apply where appropriate.
In the event that you use this platform via our mobile applications on your mobile phone and you misplace your mobile phone or it is stolen, you will immediately proceed top your account on the web on www.47thavenue.com through a computer and make useof the ‘logout Mobile’ function we provide which would help sign you out of any mobile device. However, you will take full responsibility for any damage that may be caused to your account by reason of the loss or theft. By using the ‘logout Mobile’ function on our site,  47th Avenue will only attemptto help you sign out your account on any mobile device only after a transaction or activity is detected to have been initiatited on your account via a mobile device.

CONTENT OR MATERIALS SUBMITTED, UPLOPADED OR MADE AVAILABLE ON 47TH AVENUE
Xpal Africa or 47th Avenue does not claim ownership of Content or materials you submit or make available on 47th Avenue. However, with respect to Content you submit or make available on publicly accessible areas of the 47th Avenue, you grant Xpal Africa and the 47th Avenue admin the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content or materialsyou make available on publicly accessible areas of 47th Avenue, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) on the 47th Avenue for the purpose of but not limited to the promoting the 47th Avenue and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the 47th Avenue are those areas of the 47th avenue network of properties that are intended by 47th Avenue to be available to the general public. By way of example, publicly accessible areas of the 47th Avenue would all areas open to users including the Open Market, Services District, Trade Fair Arena, information boards, Promos deals and updates section. However, publicly accessible areas of the 47th Avenue would not include portions of the 47th Avenue where Registration information is kept that are limited to members, 47th Avenue sections intended for private communication such as Message boxes or areas off of the 47thAvenue  network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Xpal Africa.

PRIVACY
Your privacy is very important to us. We have therefore designed our Privacy Policy to address your privacy issues and how we collect and can use your content and information. You therefore consent to the collection, processing and storage by Xpal Africa of any personal information provided by You in accordance with the terms of our Privacy Policy which we encourage you to read and to use it to help make informed decisions. It is available at www.47avenue.com/privacy and incorporated into these Terms by reference.
You agree to comply with all applicable laws and regulations, and the terms of 47th Avenue’s Privacy Policy, with respect to any Use by You of any personal information in connection with this platform. Notwithstanding anything to the contrary, if You choose to participate in an open source or community source process on this platform, Your participation is public and Your privacy cannot be protected to the extent that You provide personal information such as Your e-mail address, username or full name. To the extent that You contribute code, information, articles or other material to this public communities containing personal information, Xpal Africa cannot protect the privacy of such personal information and such material may be provided or made available to others.

CONTRIBUTIONS TO 47th AVENUE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to 47th Avenue or Xpal Africa through its feedback functions, you acknowledge and agree that your Contributions do not contain confidential or proprietary information; You also agree that Xpal Africa  is not under any obligation of confidentiality, express or implied, with respect to the Contributions;  You further agree that Xpal Africa shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; you also acknowledge and agree that Xpal Africa may have something similar to the Contributions already under consideration or in development; You also agree that your Contributions automatically become the property of Xpal Africa without any obligation of Xpal Africa to you; and you are not entitled to any compensation or reimbursement of any kind from Xpal Africa under any circumstances. Xpal Africa reserves the Sole right to determine what it considers reimbursable or worth compensation and will act solely on Xpal Africa’s judgment.

INDEMNITY
You agree to indemnify and hold 47th Avenue or Xpal Africa and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Contents or materials you submit, post, upload, transmit, modify or otherwise make available through the 47th Avenue, your use of 47th Avenue, your connection to  47th Avenue, your violation of the TOS, or your violation of any rights of another.

NO COMMERCIAL REUSE OF 47th AVENUE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the 47th Avenue (including Materials, content, advertisements, or Software).

 

GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that 47th Avenue may establish general practices and limits concerning use of the 47th Avenue, including without limitation the maximum number of days that your uploaded contents, entries and other materials you may post or upload including your messages in your message box will be retained by the 47th Avenue, the maximum number transactions you may carry out at any time or the maximum value of any type of transaction you may carry out per time or time interval, the maximum disk space that will be allotted on Xpal Africa’s or 47th Avenue’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the 47th Avenue Services in a given period of time. You agree that Xpal Africa or 47th Avenue has no responsibility or liability for the deletion or failure to store any content, materials, messages and other communications or other Content maintained or transmitted by 47th Avenue. You also acknowledge and agree  that Xpal Africa or 47th Avenue reserves the right to log off or delete accounts whether individual or Corporate or Outfits / Outlets whether owned by an individual or an organisation that are inactiveor have been inactive for an extended period of time as determined by Xpal Africa. You further acknowledge and agree that Xpal Africa reserves the right to modify these general practices and limits from time to time.
The 47th Avenue Message box, including any mobile-based or desktop - based versions, will allow you and the people with whom you communicate to save your communications in your message boxes located on Xpal Africa and 47th Avenue servers. This means you can access and search your message history (to the extent to which we save on your behalf) from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save communications with you in their message boxes on 47th Avenue too. Your agreement to this TOS constitutes your consent to allow Xpal Africa to store these communications on its servers.

ADVERTISEMENT AND PAID CONTENTS
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
You can target your specific audience using any of the advertisement mediums made available on the 47th Avenue. Some form of advertisements may be free others are paid for. The following additional terms apply to you if you choose to place a ‘paid for AD’ through our online advertising portal :
When you place an Order, you will tell us the type of advertising you want to buy, the number of impressions you want or the Duration you want the advert to show for (whichever is applicable). If we accept your Order, we will deliver your ads as inventory becomes available.
All Orders (Adverts, promos, deals) are pre-paid.
All Orders (Adverts, promos, deals) will go through a process of approval which may take several days and may or may not be approved. For unapproved orders, your Dinos which was used to pay for such orders will be refunded to your 47th avenue account.
Your ads, promos, deals and other related paid contents will comply with our Advertising Guidelines.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
You can cancel your Order at any time through our online portal, but it may take us several days before the ad stops running.  We will also work towards refunding your balance amount of Dinos or cash value (based on the type of ad and the medium used in paying for the order) based on the number of impressions or days you have left which has not been used. This may take several days.
Some others are editable and some are not. Xpal Africa reserves the right to determine either. Editing some others will require it to go through the process of approval all over and may or may not be approved.
Our license to run your ad will end when we have completed your Order (The amount of impressions or number of days you paid for). You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
We can use your ads, promos, deals and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with 47th Avenue without written permission.
We may reject or remove any ad, promos, deals and other related contents for any reason.
If you are placing ads, promos, deals and other related content on someone else's behalf, we need to make sure you have permission to place those ads, promos and other related contents, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
You may toplist any of your entry, content or material or any other entry content or material which you have the required right or control over in other to get maximum exposure for such entries, contents or materials. Xpal Africa however reserves the right to accept your entry amongst toplisted entries.
Xpal Africa may at any time also limit the number of entries that will be toplisted in any given period of time and previously toplisted items which fall below this figure will automatically be removed from the toplist and necessary Dino refunds made for any excess days left on the toplisting order for the particular entry.
Xpal Africa does not guarantee you a slot in the toplist for any particular duration even after you have placed an order for same. In a scenario where your toplisted order is not displayed in the list of toplisted entries for any reason whatsoever, necessary refunds of Dinos  will be made to your Dino account.
You can also bid to move your toplisted entry up the ranks using your Dinos.  Xpal Africa reserves the right to re-arrange the list based on the highest bidder per time.
Xpal Africa and 47th Avenue also reserves the right to accept or reject your bid.

PAYMENTS, PURCHASE, USE AND REFUNDS TERMS
If you make payments or purchase Dinos on the 47th Avenue, you agree to our Payments Terms described below.
Dinos are the official vouchers used in carrying out transactions on the 47th avenue.
You can purchase Dinos from our platform using the provided functionalities for such in acceptable currencies as made available by the payment function on the 47th Avenue.
By making a purchase of Dinos using our payment platforms which works in connection with third party payment integration companies, you agree to be bound by the terms of those third party payment integration platforms.
Should you carry out a transaction on the 47th Avenue using your already purchased Dinos and the transaction is not successful, completed or it is declined, your 47th Avenue account will be reimbursed with all or part of the Dinos used for that transaction which ever is only in the event that Dinos had already been deducted from your 47th Avenue account. On no account would you be refunded in the cash value for a transaction carried out with DINOS.
Dinos purchased into you 47th Avenue account will remain in your account for as long as possible and can be used by you at any time you choose. On no condition will 47th Avenue or Xpal Africa refund in cash or kind the monetary value for Dinos already purchased by you into your account except 47th avenue has to be closed down for any reason.
In the case where your account on 47th Avenue has to be closed down either by you or by Xpal Africa, depending on the reason, Xpal Africa reserves the right to decide whether or not to refund in cash or kind the monetary value of any Dinos that you may have left in your account before the closure.
Xpal Africa should therefore be notified before any such closure is done by you once you have any Dinos in the account which you may want payment for. Should you close down your account yourself without notifying Xpal Africaof the close down and get necessary approvals, you automatically forfeit any Dinos you may have left in your deleted account.
Bonus Dinos given you by 47th Avenue or Xpal Africa as contained in your “Bonus Dino account” which you did not purchase with your money can be recalled at any point or may expire after some time if not used or for any reason whatsoever. Xpal Africa may also limit the type of transactions which you can carry out with your bonus Dinos. On no account or event shall Xpal Africa pay you the monetary value of Dinos contained in your Bonus Dino Account.

MODIFICATIONS / ALTERATIONS TO 47th Avenue
Xpal Africa reserves the right at any time and from time to time to modify / alter or discontinue, temporarily or permanently, the 47th Avenue (or any part thereof) with or without notice. You agree that Xpal Africa shall not be liable to you or to any third party for any modification, alterations, suspension or discontinuance of the 47th Avenue (or any part thereof).

TERMINATION
You may terminate your 47th Avenue account, any associated account and access to the 47th Avenue services by submitting such termination request to 47th avenue using the provided function.The deletion however of such accounts will be based on the final approval of Xpal Africa ones it can ascertain that such deletion is not in any way associated with an attempt to evade any responsibility or to avoid the penalty for a fraudulent activity committed by you or your representatives
You agree that Xpal Africa may, without prior notice, immediately terminate, limit your access to or suspend your 47th Avenue account, any associated accounts, and access to the 47th Avenue Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the 47th Avenue Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the 47th Avenue. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Xpal Africa’s sole discretion and that Xpal Africa shall not be liable to you or any third party for any termination of your account, any associated account, or access to the Yahoo! Services.
Termination of your 47th Avenue account includes any or all of the following: (a) removal of access to all or part of the offerings within the 47th Avenue, (b) deletion of your password and all related information, files and content associated with or inside your 47th Avenue account (or any part thereof), and (c) barring of further use of all or part of the 47th Avenue.

DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 47th Avenue, warranties or representations associated with such dealings, are solely between you and such advertiser. You therefore agree that Xpal Africa or 47th Avenue shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on 47th Avenue.

LINKS
47th Avenue may provide, or third parties may provide, links to other World Wide Web sites, applications or resources. You acknowledge and agree however that Xpal Africa or 47th Avenue is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any material, Content, advertising, products on or available from such sites, applications or resources. You further acknowledge and agree that Xpal Africa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site, application or resource.

XPAL AFRICA’S PROPRIETARY RIGHTS
You acknowledge and agree that 47th Avenue and any necessary software used in connection with the 47th Avenue ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through 47th Avenue or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Xpal africa or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the 47th Avenue, such Content or the Software, in whole or in part.
Xpal Africa grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the 47th Avenue.

NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE
Xpal Africa and the 47th Avenue may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on 47th Avenue, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the 47th avenue in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received and to continue to recieve any and all notices that would have been delivered and will be delivered to you if you accessed the 47th Avenue in an authorized manner.

VIOLATIONS
Please report any violations of the TOS to our Customer Care group.

MISCELLANEOUS.
a. Disclaimer of Warranties. YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. XPAL AFRICA DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOSTS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE PLATFOPRM. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS PLATFORM OR ANY MATERIALS ON IT.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, XPAL AFRICA AND THE HOST ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR MATERIALS, EVEN IF THE HOSTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE PLATFORM AND WILL NOT MAKE A CLAIM AGAINST HOSTS FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE PLATFORM OR MATERIALS. YOU AGREE TO HOLD HOSTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOSTS, FOR ANY CLAIMS IN CONNECTION WITH THE PLATFORM OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.

c. Trademarks. All logos and trademarks contained on this PLATFORM are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.You therefore agree not to display or use in any manner the Xpal Africa Marks without express permission from Xpal Africa or any of the marks of the respective owners without their express permission.
d. Copyright Infringement. We are committed to respecting others' intellectual property rights, and we ask our Users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Platform, please contact Xpal Africa’s copyright agent through info@xpalafrica.com with the title ‘Copyright’.
e. Don't Blame the Application. You understand that Materials and contents may contain the opinions of others and You do not hold the 47th Avenue or Xpal Africa responsible for such opinions.
f. Changes to Terms. Hosts reserve the right to change or update these Terms or to modify any features of the PLATFORM at any time, so Hosts encourage You to review the Terms periodically before using the PLATFORM or Materials.By continuing to Use the PLATFORM or Materials after the posting of any changes to the Terms, You agree to be bound by such changes. You are also required to comply with all applicable laws in connection with Your access to and Use of the PLATFORM and Materials, and such further limitations as may be set forth in any subsequent notice from Hosts. As a condition of your access and Use of the PLATFORM and Materials, you warrant that You will not use the PLATFORM or Materials for any purpose that is unlawful or prohibited by the Terms.
g. Export Compliance. Materials and Submissions may be subject to Nigeria’s export controls or the trade laws of other countries. You agree to comply with all such laws and to obtain such licenses as may be required. Materials and Submissions containing encryption software, technology and/or technical assistance involving encryption (collectively "Encryption Technology ") may be subject to Nigeria’s Export restrictions. You agree not to submit any Encryption Technology to this PLATFORM. You warrant that you are not identified on the most current Nigeria export exclusion lists or located in or a national of countries that are prohibited from participating in this PLATFORM by reason of Nigeria’s embargo or other trade prohibitions as specified in the Nigeria’s export laws. You agree not to use the PLATFORM, Materials or Submissions for nuclear, missile, chemical, or biological weaponry end uses.
h. Governing Law. These Terms are governed by applicable Federal republic of Nigeria’s Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to the personal jurisdiction of the Federal high Court or Supreme courts of Nigeria
i. General. These Terms constitute the entire agreement between You and the Hosts regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by the Hosts in writing or as provided above. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with an enforceable provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize You to Use or access the PLATFORM or Materials will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Hosts as a result of these Terms or Your access to or Use of the PLATFORM and Materials.

 

Last updated October 31, 2012 .