Terms of Use

EVCL Terms of Use 

This Terms of Use covers your use of the E-Black Visual Concept Limited (EVCL) Website (“Ammarra.com”) which is provided by EVCL. Please read them carefully as they affect your rights and liabilities under the law. By accessing this Site, you are indicating your acceptance of this Terms of Use our Privacy Policy and any other applicable document. If you do not agree to these terms, please do not access and or use this Site.

1. General
   1. “EVCL”, "We", "us" and "our" means E-Black Visual Concept Limited of 2, Charis Close Maitama, Abuja. “You” and “your” refers to the users and visitors to the Site.  If you have any questions or concerns please contact us. Our contact details can be found here […………]
   2. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately they’re posted on the Site. We recommend that you review the Terms of Use from time to time as your continued use of the Site, following the posting of changes, will mean you accept any revised Terms of Use.
   3. The Site and its contents are for your own personal, non-commercial use only.
   4. Note that special terms apply to some services offered on the Sites, like rules for particular contests or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

1. Access To This Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide in this Site will be correct, current and complete. If EVCL believes the information you provide is not correct, current or complete, EVCL has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

1. Age of Users

If you are under the age of 18, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. 

1. Restriction on Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without EVCL’s express prior written consent. For example, you may not authorize any other party to (i) co-brand this Site without the express prior written permission of an authorized representative of EVCL. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or any other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with EVCL in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

1. Intellectual Property Rights
   1. “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyright, database right, design rights, know-how, confidential information as well as the “look-and feel” of the Site and similar proprietary rights worldwide whether registered or unregistered.
   2. All rights, title and interest in Intellectual Property Rights in the Site including without limitation games, data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, screen savers, artwork, graphic material or other elements (the "Material") are the property of EVCL, and/or its licensors and/or other respective owners and are protected under local and foreign Intellectual Property Rights laws. 
   3. You acknowledge and will respect all such copyright and other intellectual property rights we own or may own in the look and feel of the Site and its contents including any sounds, music, text, graphics, data, stills, photographs and moving images. Such intellectual property rights shall include all registered and unregistered intellectual property rights of any type or nature including trademarks and community marks. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future
   4. If you use any Material you must maintain all copyright and other Intellectual Property Rights notices contained in such Material.
   5. You agree not to copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-licence or circulate any Material and/or part of or all of the Site to any third party (including, without limitation, the display and distribution of the Material via a third party website) without our express prior written consent. Use of EVCL’s and/or our licensors' Material is only permitted with our express prior written permission. 
   6. You agree not to disassemble, decompile, reverse engineer or otherwise modify the Material or the Site in any way.

1. Uploading, Submissions and Licence
   1. Where we provide areas of the Site to allow users to post and exchange information, ideas and opinions, or other material including without limitation text, images, designs, audio and/or video clips (collectively referred to as “Submissions”), your Submissions represent the views and opinions of you and other contributors to the Site. In no event will we assume any responsibility or liability for any of your Submissions nor will we represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information in your Submissions, nor will we be liable for any loss or damages resulting from their use and/or appearance on the Site. 
   2. In consideration of using the Site you grant us and our associated companies a free of charge, perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, as we, in our discretion see fit, any Submissions (or other information) submitted by you to the Site (whether at our invitation or on an unsolicited basis). Such use may include, but is not limited to reproducing, editing, licensing, copying, adapting, transmitting, broadcasting, publishing or deleting. Given the volume of material uploaded to our online services we can’t deal with each user individually so we need you to grant us this licence so we can operate our business effectively
   3. You undertake, represent and warrant to us that any Submission is original to you and does not infringe any rights of any third party.
   4. In exchange for allowing you to upload your Submissions and make it available to the public via our online services, you grant us (for the full term of any rights that may exist in your material) the non-exclusive, worldwide, sub-licensable right to use your Submissions as follows (without payment to you or any third party):
   5. We can play, publish, make available to the public, perform, display, reproduce, distribute and otherwise use your Submissions on television channels and/or other platforms owned and operated by us or our associated companies worldwide and on any other media whether now known or invented in the future (including, without limitation, websites and mobile phone services) (“EVCL  services”).
   6. If you want us to stop using your Submission please submit the details of your Submission along with your instruction to remove this Submission by contacting us HERE. We will then stop using your Submission in new programming on our EVCL services as far as reasonably practicable. However we are not obliged to stop using your Submission where it is already being used or where we have already incorporated it into compilation packages or other programming or where we have sublicensed your Submission to a third party.
   7. It is very important that the Submissions you post or upload to our online services are your own work. Submissions that you did not create yourself, or that include video content owned by a third party, images of people or information about people without their permission can result in serious liability to us and to you.
   8. You warrant and undertake that you are the only creator, author and owner of the Submissions you post or upload, or if you are not the exclusive owner you have received written consent from the owner to upload or post the Submissions and to grant us the rights to use the Submissions as set out above.
   9. Our use of your Submissions will not infringe any intellectual property or other rights of any third party (for example trademarks, copyright, privacy rights). This means that, if your Submissions contain any underlying copyrights such as music, lyrics, film footage, artwork or other copyright material owned by any other person, you confirm that you have obtained all necessary consents in writing (including from other people appearing in your Submissions) necessary for us to use your Submission as set out above.
   10. Your Submissions are free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society and you agree that you will inform us immediately if this status changes.
   11. We do not necessarily (and are not obliged to) pre-moderate the Submissions that you submit to our online services, but we reserve the right to monitor any Submission submitted and any communications on our online services and you now consent to any such monitoring. We reserve the right to remove, at any time and without reason or prior notice or any liability to you, any Submission that you have submitted.

1. Information you Provide

You may not post, send, submit, publish or transmit in connection with this site any material that:

1. you do not have the right to post, including proprietary material of any third party;
2. advocates illegal activity or discusses an intent to commit an illegal act;
3. is vulgar, obscene, pornographic, or indecent;
4. does not pertain directly to this site;
5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
7. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyright or trademarks or their right of publicity;
8. violates any law or maybe considered to violate any law;
9. impersonates or misinterprets your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise origin of the content;
10. advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in commercial activity (e.g. conducting raffles or contests, displaying sponsorship banners and/or soliciting goods or services) except as maybe specifically authorized under this site;
11. solicits funds, advertisers, or sponsors;
12. Includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
13. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
14. Includes MP3 format files;
15. amounts to a “pyramid” or similar scheme;
16. disobeys any policy  or regulations established from time to time regarding the use of this site or any networks connected to this site; or
17. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.  

1. Disclaimer or Warranties

You understand that EVCL cannot and does not guarantee or warrant that files available for downloading from the Internet will be free from viruses, worms, Trojan horses or other code that may manifest contamination or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirement for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. EVCL does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVCL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OT MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EVCL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENETS. EVCL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND EVCL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU AND NOT EVCL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. EVCL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

1. Privacy Statement

Your use of the Site signifies your continuing consent to our Privacy Policy, which you can examine any time by clicking on the “Privacy Policy” link on the Site.

1. Indemnification

You agree to defend, indemnify, and hold harmless us and our respective employees, contractors, officers and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

1. Hyperlinks
   1. The Site may contain links to other websites (“Hyperlinked Sites”) and these are provided for convenience only. We don’t endorse the opinions or views found in any Hyperlinked Sites. We don’t verify, endorse or take responsibility for the accuracy, completeness or quality of any content contained on these Hyperlinked Sites. 
   2. Furthermore, we are not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such Hyperlinked Sites. As such, neither we nor our associated companies will be responsible for content provided on any Hyperlinked Site.

1. Limitation of Liability 

EVCL ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS OFFICERS AND DIRECTORS WIL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF EVCL HAS BEEN ADVISED OF THE POSSIBILITY SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EVCL AND ITS SUBSIDIARIES AFFILIATES, LICENSORS SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO EVCL FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. 

1. Governing Law and Choice of Jurisdiction 
   1. You agree that the laws of Federal Republic of Nigeria govern these Terms of Use, the subject matter hereof, your use of the Site, and any claim or dispute that you may have against us, without regard to conflict or laws rules. 
   2. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Lagos State and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

1. Cookies
   1.  Like many other websites, we use cookies to identify you as a user and to customize and improve our services. We may set and access our cookies on your computer. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. 
   2. Your web browser allows you to control and limit cookies on your computer. If you reject cookies, you may still use the Site, but your ability to use some areas or functions of the Site may be limited.

1. Security
   1. Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). EVCL will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that EVCL considers insecure, EVCL will be entitled to require the password to be changed and/or terminate your account.

1. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, EVCL reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. EVCL reserves the right to investigate suspected violations of Terms of Use. EVCL reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing EVCL to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. 

1. Severability and Integration 

This Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and us and supersede all previous written and or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

1. Termination

We reserve the right to terminate your use of the Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

Effective Date: 

I HAVE READ THIS TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.