GENERAL RULES AND DEFINITIONS

1.1 If you choose to use MARKETDAYLIVE.NG (the “Site”), MARKETDAYLIVE.NG’s mobile sites and applications, any of the features of this site, including but not limited to RSS, API, software and other downloads (collectively, the “MARKETDAYLIVE.NG Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and The MARKETDAYLIVE CLASSIFIED (“MARKETDAYLIVE.NG”, “us” or “we”).

1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.

1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING E-MAIL TO: cancel(at)MARKETDAYLIVE.NG (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend, or discontinue any or all aspects of the services at any time, including the availability of any service feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.

• CONTENT ON THE SERVICES

2.1 The contents of the services, including the site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to, listings, advertisements, classified advertisements, sell requests, buy requests, news articles, photographs, images, illustrations, audio clips, and video clips, also known as the “Content”) are protected by copyright and owned or controlled by MARKETDAYLIVE.NG or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through the service.

2.2 The Services and Contents are protected by copyright pursuant to Nigeria and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit any of the content or the Services (including software) in whole or in part.

2.3 You may download or copy the content and other downloadable items displayed on the services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing any content for other than personal use is expressly prohibited without prior written permission from MARKETDAYLIVE.NG, or the copyright holder identified in the copyright notice contained in the content.

2.4 The content of the services is provided by MARKETDAYLIVE.NG from users. Most content on the site is furnished by third parties, individuals, entities, buyers, sellers, other sites, organizations, firms, news agencies, and programs, and we will not be liable for any delays, inaccuracies, errors, or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

• USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE

3.1 You shall not upload to, distribute, or otherwise publish on the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

Use respectful language. Like any community, online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the services.

Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. MARKETDAYLIVE.NG encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.

3.2 The services shall be used only in a noncommercial manner. You shall not, without the express approval of MARKETDAYLIVE.NG, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, articles, news, contents, submissions, reviews, text, video, audio, and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by MARKETDAYLIVE.NG and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the services may also be included in our RSS feeds and APIs and made available for republishing in other formats.

3.4 Content Warranty. By submitting, uploading, creating, sending, or forwarding images, text, video, profile information, comments, letters, e-mails, or other data and information to the Services (“User Submissions”), you represent to MARKETDAYLIVE.NG that you have all the necessary legal rights to upload, post, or submit such content, and it will not violate any law or the rights of any person or entity. You acknowledge that you are solely liable and responsible for any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, articles, news, contents, submissions, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “submission”). 

3.5 You grant MARKETDAYLIVE.NG a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for MARKETDAYLIVE.NG or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by MARKETDAYLIVE.NG, including any Submission posted on or to the Services through a third party.

3.6 You are solely responsible for the content of your submissions. However, while MARKETDAYLIVE.NG does not and cannot review every submission and is not responsible for the content of these messages, MARKETDAYLIVE.NG reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, inadequate, substandard, defamatory, obscene, in violation of copyright or trademark laws, contains grammatical errors, or otherwise unacceptable.

3.7 By making a submission, you are consenting to its display and publication on the site, in the services, and for related online and offline promotional uses.

3.8 Any person involved in or affiliated with the production of a work reviewed on MARKETDAYLIVE.NG or elsewhere in the Services may not submit a Readers’ Review for that work or competing works.

• ACCESS AND AVAILABILITY OF SERVICES AND LINKS

4.1 The services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of such a site.

• REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant, and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend, and hold harmless MARKETDAYLIVE.NG and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. MARKETDAYLIVE.NG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 MARKETDAYLIVE.NG does not represent or endorse the accuracy or reliability of any product, item, equipment, service, advice, opinion, statement, or other information displayed, offered, listed, sold, bought, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such product, item, equipment, service, advice, opinion, statement, or other information displayed, offered, listed, sold, bought, uploaded, or distributed through the Services by any user, information provider, or any other person or entity, opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL CLASSIFIED LISTINGS, PRODUCTS, ITEMS, EQUIPMENTS, SERVICES, MATERIALS, ASSETS,  DOWNLOADABLE MATERIAL, DOCUMENTS, INFORMATION, OPPORTUNITIES AND SOFTWARE ARE OFFERED AND DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

5.2.1 DISCLAIMERS

1. All services rendered by Marketdaylive are rendered “as is”, “as available” and “with all faults”, and Marketdaylive disclaims all warranties, expressed or implied, including without limitation any guarantees regarding condition, quality, life duration, performance, accuracy, reliability, commercial value and suitability for specific purposes. All such warranties and liabilities are hereby excluded.
2. Marketdaylive has no control over and does not guarantee the existence, quality, safety or legality of goods and services published by users on the platform; the trustworthiness or accuracy of information provided by users in the announcements; the ability of sellers to sell goods or to provide services; the ability of buyers to pay for goods or services; or that a user will actually complete a transaction. Marketdaylive makes no guarantees concerning that manufacturing, import, export, offer, displaying, purchase, sale, advertising and/or use of products or services, which are offered or displayed on the platform do not infringe any third parties’ rights. Therefore, marketdaylive expressly disclaims any liability in connection to materials and information posted by users on the platform.
3. You are encouraged to check the goods before payment and to request the seller to provide documents confirming compliance of the goods with applicable requirements of laws, regulations, rules, guidelines, and standards.
4. You acknowledge that you are solely responsible for your safety and you understand that you should meet with other individuals for completion of a transaction only in safe public places in daylight hours. You are solely responsible for conducting due diligence of any individual or organization requesting a meeting to conduct a job interview or to complete a transaction. Marketdaylive disclaims any responsibility for user’s interaction with any individual or organization.

USER REPRESENTATIONS AND WARRANTIES

By utilizing the Service, you affirm and guarantee that:

1. You possess the legal capacity and agree to adhere to the Terms.

2. If you register as a representative of a legal entity, you have the authorization from the company to enter into an agreement with us and other users of the Platform.

3. You are over 18 years old.

4. You have provided, or will provide, accurate, truthful, and complete information in your Account.

5. You will regularly update your Account information to ensure its accuracy, truthfulness, and completeness.

6. If you suspect that your Account access details have been disclosed or used by third parties, you will promptly change the data for accessing the Platform.

7. You will immediately notify the Marketdaylive of any unauthorized access to your Account.

8. You will not provide any false or misleading information regarding your identity or location in your Account.

9. You will strictly adhere to applicable laws, regulations, rules, and guidelines while using the Service.

10. You will not utilize the Service for any illegal or unauthorized purposes.

11. You will refrain from posting on the Platform any announcements that offer the sale or exchange of Prohibited Items  

12. You will refrain from posting on the Platform any announcements that infringe upon the rights or interests of others, including intellectual property rights or any other personal or proprietary rights of any third party.

13. You will refrain from posting on the Platform any announcements that contain:

1. False, misleading, or deceptive statements.
2. Personal or identifying information about minors or other individuals without proper consent.
3. Pornographic or overtly sexual materials.
4. Depictions that encourage the illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.
5. Defamatory, discriminatory, mean-spirited, threatening, harassing, improper, or unacceptable materials, vulgar or abusive language.
6. Advocacy of hate, violence, discrimination, racism, xenophobia, or ethnic conflicts.
7. Appeals to violence and unlawful actions.
8. Prostitution or any other services that go against moral or legal standards are strictly prohibited.
9. Services that are prohibited by law are not allowed to be offered on the Platform.
10. Purely promotional information without any specific offers of goods or services is not permitted.
11. The sale of counterfeit, imitated goods, or unauthorized copies is strictly prohibited. This includes goods obtained through illegal means, piracy, or theft.
12. Any direct or indirect references to competing websites or information about them are not allowed on the Platform.
13. It is strictly forbidden to use software or engage in any actions that disrupt the normal operation of the Platform.
14. Promoting or distributing unsolicited commercial emails, chain letters, or Ponzi schemes towards other users of the Platform is prohibited.
15. Copying, modifying, or distributing any User Content without the consent of the respective user is not allowed.
16. Harvesting or collecting information about users, such as email addresses or phone numbers, without their consent or violating their privacy is strictly prohibited.
17. Downloading, storing, posting, distributing, or using worms, viruses, trojans, or any other malware is not permitted.
18. You must have legal ownership of the items you offer for sale in your announcement.
19. You must possess the necessary license or authorization, as required by law, to offer, advertise, and distribute the goods described in your announcement.

INDEMNITY

You agree to indemnify and hold Marketdaylive, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, as well as the officers, directors, employees, agents, and representatives of each of them, harmless from any claims or demands, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stated in these Terms; (iv) your violation of any applicable laws.

LIMITATION OF LIABILITY

Marketdaylive, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, as well as the officers, directors, employees, agents, and representatives of each of them, shall not, in no event or in any way, be held liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages resulting from these terms or your use of, or inability to use, the service, or third-party ads, even if we have been advised of the possibility of such damages. Your access to and use of the service, and third-party ads, are solely at your own discretion and risk. You will be solely responsible for any damage to your computing system or loss of data resulting from such use.

Notwithstanding anything to the contrary contained herein, you agree that Marketdaylive’s aggregate liability to you for any and all claims arising from the use of the service or content of announcements is limited to the lesser of the amounts you have paid, if any, to us during the six (6) month period prior to any cause of action arising or N15,000.

• REGISTRATION AND SECURITY

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to MARKETDAYLIVE.NG Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of MARKETDAYLIVE.NG. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspension or termination of your account.

6.2 Please notify help(at)MARKETDAYLIVE.NG  of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 18 years or older to subscribe to any part of the services.

6.4 You are responsible for all usage or activity on your MARKETDAYLIVE.NG account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

• FEES AND PAYMENTS

7.1. We reserve the right at any time to charge fees for access to portions of the services or the services as a whole. However, in no event will you be charged for access to the services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

• COMMUNICATIONS BETWEEN MARKETDAYLIVE.NG AND USERS

8.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third-party vendors to provide you with information about products and services.

8.2 MARKETDAYLIVE.NG reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the service.

8.3 MARKETDAYLIVE.NG reserve the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or licensees on our Web site may collect and share personal information about you only if you indicate your acceptance. For more information, please read our privacy policy.

8.4 MARKETDAYLIVE.NG may contact you via email regarding your participation in user surveys, asking for feedback on current services or prospective products and services. This information will be used to improve the services and better understand our users, and any information we obtain in such surveys will not be shared with third parties except in aggregate form.

• SOFTWARE LICENSES

9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign, or transfer any licenses granted by MARKETDAYLIVE.NG, and any attempt at such sublicense, assignment, or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from software.

1. TERMINATION

10.1 You may terminate your account at any time by calling us at +234-703554494.  For international customers, e-mail us at help(at)MARKETDAYLIVE.NG.

10.2 MARKETDAYLIVE.NG may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.

1. MISCELLANEOUS

11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the Federal Republic of Nigeria. Any action to enforce these Terms of Service shall be brought in the federal or state courts of the Federal Republic of Nigeria.

11.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in MARKETDAYLIVE.NG Privacy Policy

11.3 Correspondence should be sent to help(at)MARKETDAYLIVE.NG .

11.4 You agree to report any copyright violations of the Terms of Service to MARKETDAYLIVE.NG as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the MARKETDAYLIVE.NG service, please notify copyright(at)MARKETDAYLIVE.NG . (Please direct all general questions to help(at)MARKETDAYLIVE.NG .)

12. NON ENDORSEMENT.

The services on marketdaylive.ng may contain links, information, opportunities, materials, invitations, openings, listings, offers, advertisements, offers to sell, offers to buy, classifieds, promotions, calls for applications and proposals, grant awards, competitions, funding, etc., to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by MARKETDAYLIVE.NG. Such links do not constitute an endorsement by MARKETDAYLIVE.NG of those other websites, organizations, institutions, programs, events, companies, firms, individuals, organizers, or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services. Marketdaylive.ng does not endorse nor warrant the reliability of information and opportunities from websites, organizations, institutions, programs, events, companies, firms, individuals, organizers, or online services, the content displayed therein, or the persons associated therewith.