TERMS AND CONDITION

  This Agreement is between You (users) and DigProm. By using  DigProm.com website, You agree to the terms and conditions of this Agreement.

 

Definitions.

Users ; This are persons or group of persons that wish to employ the services of digprom The terms "You" and "Your" mean the individual or entity that uses DigProm.com website. The term "content" or "contents" shall mean the works of authorship, that You submit for promotion by DigProm through the use of this Website, and our other platforms along with any metadata or other data, such as copyright management data, necessary for DigProm to promote the contents. contents may include music, texts, graphics designs, videos and other forms of arts.The term "Website" refers to the website maintained at Digprom.com. The term "other platforms" shall mean an entity (websites) with whom DigProm promotes the contents submitted.

 

 

 Grant of Promotion Rights.

You agree that DigProm should promote your content. DigProm will seek to distribute your contents to various other platforms for promotion. You authorize DigProm to reproduce and copy your contents into any digital format necessary for the effective promotion of the contents. You authorize DigProm to promote your contents through means deemed reasonable by DigProm, including making portions or the whole of your contents available for promotion on other Websites or DigProm website. You further authorize DigProm and our other platforms to make changes as deemed necessary by us for the purpose of effective promotion of the contents.The distribution rights granted by this Agreement include the right to promote, either itself or through other platforms: by permitting audience to view/access/interact/download copies of your content from an internet website, through non-internet based promotion points, as well as broadcast of copies of the contents.by making your contents (mainly music and videos) available for a web-based performance (e.g., on-demand streaming/download) by making Your contents available on DigProm website  as well as other platforms.

You will not be paid for usage of your contents on the Website or any of our other platforms, as your contents are considered advertisements as part of your DigProm subscription. Promotion of contents is based on the plans ,  although contents will be available on our platform and other  appropriate platforms as contained in the terms of  the selected package.   

 

Payment & Pricing

You may upload Your contents to this Website only when all monetary obligation on DigProm has been settled as appropriate in the billing information that applies with your selected plan.DigProm  pricing and fees are subjected to change as deemed fit by digprom. Such changes may be found at the site billings page. Digprom  may change its fee schedule upon 30 days notice, which may be given by e-mail, or by posting a notice on the Statement of Fees page on this Website.Monies paid  are NOT refundable

 

Term and Termination.

This Agreement shall commence on the date you upload any content to this Website and shall remain in effect until terminated by one of the parties according to its terms. You may terminate this Agreement at any time, with or without cause, upon 30 days written notice by sending an e-mail to [email protected] as well calling our customer services. We may terminate this Agreement at any time, with a cause, upon days written notice by sending an e-mail to the address you provide upon submission. This Agreement's expiration shall relieve either party from any obligations incurred prior to or during the term of this Agreement.

You may discontinue the licenses and authorizations granted by this Agreement with respect to a single content or multiple contents without terminating the Agreement by providing written notice to DigProm by e-mail to [email protected] .

 

 

Content Submission.  

Contents must be original and has the authorization of the author.Submitted materials must be void of malicious and profane  contents.Contents considered as misrepresentations of facts and propaganda of any form  

 

  Representations and Warranties.

You represent and warrant that You own or have the worldwide rights to enter into this Agreement in connection with the contents, including that You have the necessary and full authority to act on behalf of any and all owners of any right, title or interest in and to the contents. You represent and warrant that the licenses and authorizations that You are granting pursuant to this Agreement do not infringe or violate any third party's intellectual property or other rights. You agree that You will obtain and pay for any and all clearances and licenses that may be required for the authorizations or licenses. You grant in this Agreement, including, without limitation, royalties or other amounts due to third parties, such as other performers, authors or co-authors, owners or co-owners, artists or producers, license fees, wages and consulting fees. You agree to cooperate and provide digprom with documents such as clearances and licensing agreements or other requested information which shows your ownership or rights to the contents and we reserves the right to suspend, terminate or block the promotion until such information is provided.

You represent and warrant that (i) You are at least 18 years of age and have full authority to enter into and fully perform Your obligations under this Agreement, (ii) You have obtained all necessary third-party consents, licenses and permissions necessary to do so and (iii) You will comply with all applicable laws, rules and regulations.digprom provides this website on an "as is" basis. digprom makes no representation or warranty that: this website is appropriate or available for use in all locations access to or use of this website will be uninterrupted, timely, secure, or error-free;this website is free of all viruses, worms, trojan horses and other items of a destructive nature; this website is free from all errors or technical inaccuracies, or that any errors in the website will be corrected; this website or its content is merchantable or fit for any intended purpose ( specifically excludes any warranty of merchantability or fitness for a particular purpose);this website will remain unchanged or that it will always retain its current functionality.

Digprom makes no representations whatsoever about any other internet site that you may access through this one. when you access a non-digprom web site, you acknowledge that it is independent from digprom, and that digprom has no control over the content on that site. in addition, a link to a non-digprom site does not mean that digprom endorses or accepts any responsibility for the content, or the use, of that site. you must take appropriate precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses and other items of a destructive nature.

You assume all risk for any damage to your computer system or loss of data that results from your use or access of this website, including any damages resulting from worms, Trojan horses and other items of a destructive nature.  

 

 Limitation of Liability.

To the full extent permitted by law, digprom is 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 records or documents, or other economic advantage) arising out of or in connection with the website, even if digprom has 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), including without limitation damages due to  :           the use of or the inability to use this website; statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior,or false or fraudulent transactions; content or information you may download, use, modify or distribute; and any other matter relating to the services offered through this site.  

 

 Indemnification.

You agree to defend, indemnify and hold DIGPROM, and its subsidiaries, affiliates, officers, directors, agents, employees, contractors and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your access to or use of this Website, or any claim or allegation that Your contents infringe the intellectual property or other rights of a third party. Upon receipt of a claim that any content infringes a third party's rights, we reserves the right to suspend promotion of the contents. We reserves the right to select counsel of our choice for the defense of any claim covered by this paragraph. You shall advance defense costs as necessary to fund the defense of any claims. You agree to cooperate in the defense of any such claim.

 

Ownership of Works.

  Subject to the terms and conditions of this Agreement and any other agreement between us, DIGPROM acknowledges that all right, title and interest in and to the contents remain with You.

 

Restrictions on Use.

  You may not use this Website to publish, post, distribute or disseminate any information or content that: You do not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, information subject to a confidentiality agreement or personal information about a third party); that infringes any copyright, trademark, patent, trade secret, or other proprietary right of a third party; is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or violates any applicable laws or regulations.

  You may not falsely identify yourself as any other person or entity to DIGPROM or otherwise misrepresent your affiliation with a person or entity, impersonate another user, forge headers or otherwise manipulate identifiers (including URLs) or disguise the source or origin of any information. Upon request by DIGPRROM, You will provide proof, such as a copy of a driver's license, passport, state identification card or other document acceptable to DIGPROM to verify Your identity.

You may not publish, post, distribute or disseminate any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation. You may not collect or store personal data about other users of this Website.

 

  Governing Law and Dispute Resolution.

This Agreement shall be governed in all respects by the laws of the Federal Republic of Nigeria as if this agreement was entered into and to be performed entirely within Nigeria between Nigerian residents.

Any controversy or claim arising out of or relating to this Agreement, the use of this Website, or otherwise related to the parties' business relationship shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Nigerian Bar Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nigeria, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in NIGERIA, necessary to protect the rights or property of that party pending the completion of arbitration. All parties consent to venue and jurisdiction in the state and federal courts located in NIGERIA, for purposes of such action. Any arbitration award shall be private, and shall not have preclusive effect in any proceeding involving other parties.

 

Notices.

Any notice required or permitted by this Agreement shall be given to DIGPROM at [email protected] Upon registration, You will provide DigProm with an e-mail address at which can provide you with any notice(s) required or permitted by this Agreement. In addition, You agree that we can communicate all matters related to Your business relationship with DigProm to that e-mail address, including billing related matters, promotion performance reports etc . You may change Your e-mail address for notices by updating your online user account. DigProm may change its e-mail address for notices by sending you an e-mail or posting the new e-mail address on the Website.

 

Amendments.

DigProm reserves the right to revise or modify this Website, the services offered through this Website and this Agreement at any time, with or without notice. Although DigProm may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at www.DigProm.com/TOS .

Your continued use of this Website following any modification or revisions to this Website or this Agreement will be deemed your acceptance of an agreement to the modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

Miscellaneous.

You and DigProm are independent contractors, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

DigProm may suspend its performance under this Agreement if as a result of a cause beyond its control, such as fire, explosion, flood, hurricanes or war, DigProm performance is not commercially possible.

If any provision of this Agreement is held to be invalid or unenforceable, it shall be struck and the remaining provisions shall be enforced. DigProm failure to act with respect to a breach by You or others does not waive DigProm right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to its subject matter.