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Subscriber Agreement & Terms of Use

PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT AND TERMS OF USE BELOW.
Last Updated July 31, 2013

This Subscriber Agreement and Terms of Use govern your use of the Proshare Nigeria Limited (together referred to as 'we', 'us' 'our', ‘Proshare’ or 'Company') website and its suite of resources, and unless other terms and conditions expressly govern, any other electronic services from Proshare Nigeria that may be made available from time to time (each, a "Service").

Your Consent
By using the Proshare website, you signify your consent to the collection, use and disclosure of the information that you provide to the site or that we secure from your use of the site. If you do not agree to this policy, please do not use this site. We reserve the right, at our discretion and where permitted by law, to change, modify, add, or remove portions of this policy at any time with or without notice. Please check this page periodically for changes. Your continued use of our sites following the posting of changes to these terms will mean you accept those changes.

To the extent you have access to, or are using, a service without having completed our registration process, you are hereby notified that your continued use of a service is subject to many of the terms and conditions of this Agreement as explained below.

1.  Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the service that the terms have been "updated" or similar words). The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement and Terms of Use link at the footer of the homepage. You signify that you agree to be bound by such changes by using a service after changes are made to this Agreement.

2.   Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. This is a self registration service in order for us to comply with the privacy policy. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
 
3.  Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different payment system or there is a change in the payment means provided to us for purposes of renewal, you should promptly inform us. You are responsible for any fees or charges incurred to access a service through an internet access provider or other third-party service.

4.   Cancellation and Renewal. Your subscription will renew automatically, unless it is cancelled in accordance with this section. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of and charging subscription fees against the payment details and means provided. We may cancel your subscription at any time by notifying you. You may cancel your subscription by calling Customer Service at +234 1 7624131. We do not accept cancellations by post.


5.   Downloadable Mobile Products; Exceptions for Various Types of Subscribers and Other Users.

5.1     Downloadable Mobile Products. If you have downloaded a mobile application to access a service, you may have access without charge for a limited time to certain subscriber-only content and some or all of the "Fees and Payments" and "Renewal" terms will not apply to you during such time. To the extent not inconsistent with this Agreement, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply.

5.2     Other Subscribers and Users. If your access to a service is provided by, or through a Third Party, or if you have paid for access to the service in connection with your subscription to one of our partner network or purchased the service through a retailer or online broker rather than from us directly, we are unable to recompense you unless we have expressly stated such in the mandate to the retailer/online broker. Please contact the Third Party, retailer or our Customer Service department for details. If you access a service as part of an "open house", free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Subscriber Agreement except the section labeled "Fees and Payments" and "Renewal" apply to your use and access of the service.


6.  Limitations on Use.

    1. Only one individual may access a service at the same time using the same user name or password, unless we agree otherwise.

 

    1. The text, graphics, images, video, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the services are our property or the property of our advertisers, acknowledged entities and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, re-transmit or otherwise provide access to the content received through the services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

       

6.2.1      You may occasionally distribute a copy of a material, or a portion of a material, from a service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the service, original source attribution, and the phrase "Used with permission from Proshare" as appropriate. Please consult the Business & Markets Unit if you need to distribute a material from a service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.


6.2.2      You may occasionally use our "E-mail This" service to e-mail an article from a service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a service.


6.2.3      While you may download, store and create an archive of materials – news, articles, videos from the service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the service that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining.

    1. You agree not to rearrange or modify the content. You agree not to create abstracts from, scrape or display our content for use on another website or service. You agree not to post any content from the services (other than headlines from our social media feed with active links back to the full article on the service) to web-blogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.

 

    1. You agree not to use the services for any unlawful purpose. We reserve the right to terminate or restrict your access to a service if, in our opinion, your use of the service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.


7. Community; User Generated Content.


7.1     User Name. We require you to register to have access to our community area and comment features. We require that you use your own first and last name as your user name for community. With certain exceptions, when you register, we will pre-fill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Customer Service or the Webmaster. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.


7.2     User Generated Content.

7.2.1       User Content - We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below.

7.2.2       Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.

7.2.3       Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant Proshare, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the services and to allow other Subscribers or users to request access to your User Content, such as for example through an RSS Feed.

7.2.4     We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the services or membership, including email accounts, postings, profiles or other personalized information you have created while on the services.

7.2.5      Rules of Conduct. All users must comply with the rules of engagement as contained in Making Comments in Website below.

7.2.6     Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the globally pronounced Digital Millennium Copyright Act and as stipulated in our copyright policy below.


8.    Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.

9.    DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. You agree that your access to, an use of, the services and the content and tools available through the services is on an ‘”as-is”, “as available” basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties or merchantability or fitness for a particular purpose.  We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Proshare and its subsidiaries and affiliates and their respective shareholders, directors, officers, employees, advertisers, content providers and licensors ("Proshare Nigeria Limited Parties") will not be liable (jointly or severally) to you or any other person as a result of your access or use of the services for indirect, consequential special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "Excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the Proshare parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then Proshare’s Liability will be limited to the fullest possible extent permitted by applicable law.

10.    Agreement to Arbitrate.

10.1     The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by an arbitration settlement court in Nigeria in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in the competent arbitration court located in Lagos State, Nigeria. You agree that by entering into this Agreement, you and we are each waiving the right to trial by court, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide.


10.2     Unless you and we agree otherwise, the arbitration will take place either in the subscriber's state of principal residence or Lagos State. For claims of N1 million or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person.


10.3     The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.


11. General. This Agreement which references all other agreements contained under our practice policy contains the final and entire agreement between us regarding your use of the services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the services. We may discontinue or change the services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of Lagos State of Nigeria, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in Lagos State. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

12. Additional Terms and Notices.
Proshare®, TheAnalystTM and WebTVTM are trademarks and service marks of Proshare. Other Trademarks are The Analyst®, The Regulator®, The Nigerian Investor®, Personal Finance®, Share Support Services®, Making Money in the Nigerian Capital Market®, Investors Relations Service®, Newsstands®, Economy & Politics®, Nigerian Capital market Reports®, Online Publishers Association®, and Proshare Training®, are trademarks and service marks of Proshare Nigeria Limited. See our section on Trademarks below.

©Copyright 2006 - 2013   Proshare Nigeria Limited. All rights reserved.

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