Using FofX Academy Website
FofX Academy’s Limited Web Usage Agreement
Please read this Agreement carefully before accessing FofX Academy’s Website. As a condition to and in consideration of receiving and accessing FofX Academy’s Website, the User agrees to be bound by the terms of this Agreement. Use of or access to this website shall constitute acceptance of and concurrence to be bound by this Agreement.
If you do not wish to be bound by this agreement, do not access FofX Academy’s Website. If you have any questions about this Agreement, please contact us via e-mail at firstname.lastname@example.org.
This Website is not for use by any minors (defined as those who are less than 13 years old), and you must not use this Website if you are a minor. If you are a child under 13 years of age, we may need your parent or guardian’s consent before allowing you to access the site or use/access our Services.
THIS AGREEMENT is entered into between FOFX ACADEMY Limited (hereafter referred to as “FofX” “US” “OUR” or “WE”) and any individual, corporation, association, agency, company, or other entity (hereafter referred to as “THE USER or YOU”) who accesses or uses FofX’s Website (also referred to as “The/This Website or IT”).
Our Website, which is provided without charge to you, is a public website on the Internet that is created for educational purposes and designed to allow us to communicate with users and vice versa. This Website is owned and operated by FofX Academy Limited. It contains information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively referred to herein as, “Content”) formatted, organized and collated in a variety of forms that are generally accessible to Users including directories and databases, and areas of our Website that can be modified by Users, such as posting classifieds, uploading multimedia files, registering user profiles, and creating auto-notify, personalized pages, and personalized project areas.
1. The User’s Rights and Responsibilities
1.1 To Access FofX’s Website;
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access our Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet to access our Website.
1.2 User’s Conduct
You agree to access and use the Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to:
- your use of our Website, including any Interactive Area;
- the use of any network or other services connected to the Website; and;
- the communication means by which you connect your modem, computer, or other equipment to our Website.
By accessing this Website, you are expressly and emphatically restricted from all of the following and you agree that you will not:
- Restrict or inhibit any other user from using and enjoying the Interactive Features;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national, or international law;
- Post or transmit any information, software, or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component;
- Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Website;
- Disrupt the normal flow of communication in an Interactive Area;
- Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
- Violate any of our operating rule, policy or guideline in relation to users, students, prospective students, or employers;
- Violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 FofX’s Website Content
- Other than the content you own, which you may have opted to include on this Website, under these Terms, FofX and/or its Contributors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
- You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the Content contained on this Website.
- You acknowledge that Content on this Website is generally provided by FofX, her contractors, individual/corporate contributors, third party licensees, and/or other Users of these Contents (all called “Contributors”).
- You acknowledge that this Website permits access to Content that is protected by copyrights, trademarks, and other proprietary rights (including “Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of this Content shall be governed by applicable copyright and other intellectual property laws.
- You acknowledge that FofX exclusively owns the copyright to the “look and feel,” i.e., the selection, coordination, arrangement and presentation of all such Content on this webpage.
- You may not use this Website in any way that is, or may be, damaging to this Website;
- You may not use this Website to engage in any advertising or marketing;
- You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may:
- Make a reasonable number of digital or other forms of copies to permit your computer hardware and software to access and view the Content;
- print copies of each piece of Content as allowed;
- Make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for non-commercial use only. Any permitted copies of Content must be reproduced in an unmodified form, any notices contained in the Content such as all Intellectual Property Right notices, and an original source attribution to “FofX Limited’s Website” and its URL address. You acknowledge that FofX, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing this Content.
- Certain areas of this Website are restricted and FofX may further restrict access to any areas of this Website, at any time, in its sole and absolute discretion.
- Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
2.2 User’s Content
- In these Website Standard Terms and Conditions, “User’s Content” shall mean any audio, video, text, images or other material you choose to display on this Website.
- Your Content must be your own and must not be infringing on any third party’s rights. We reserve the right to remove any User’s Content from this Website at any time, and for any reason, without notice.
- You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through this Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on this Website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to FofX the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit FofX to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
- You acknowledge that FofX’s Website may include various interactive areas (“Interactive Areas”), including but not limited to classifieds. These Interactive Areas allow feedback to the Website and real-time interaction between users. You further understand that FofX does not control the messages, information, or files delivered to such Interactive Areas and that this Website may offer you and other Users the capability of creating and managing an Interactive Area. However, neither FofX, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for the Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable.
- You recognize that FofX cannot, and does not intend to, screen communications in advance. Moreover, because the Website encourages open and candid communication in the Interactive Areas, FofX cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. This Website is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that FofX has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental requests, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, we may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. We reserve the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post or to remove any Content, in whole or in part, which it deems in its sole discretion to:
- Violate the then-standard provisions of this Agreement or any other standard, written FofX Limited’s Website policy in effect at that time;
- Be harmful to the rights of any User, FofX Limited, or other third parties;
- Violate applicable law, or
- Be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of FofX Limited in operating her Website, or any change in Content, is for you to discontinue accessing our Website. FofX Limited may terminate or temporarily suspend your access to all or any part of this Website, without notice, for conduct that we believe is a violation of this Agreement or any policies or guidelines posted by us, or for other conduct which we believe, in its sole discretion, is harmful to us or other Users. We may discontinue operating the Website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access this Website, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers of Warranties; Limitations of Liability
You understand that, except for Content, products or services expressly available on this Website, neither FofX Limited, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from this Website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of this Website or controlled by FofX Limited. FofX neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from this Website, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither FofX, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from this Website or your inability to access the Internet or any site linked to or from her Website.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained or opinions expressed on this Website. It is the policy of FofX Limited not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent parties. You expressly agree that your use of this Website is at your sole risk, neither FofX nor any of its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, affiliates, licensors or other suppliers providing content, data, information or services warrants that this Website or any internet site linked to or from this Website will be uninterrupted or error-free, that defects will be corrected, or that this site, including the interactive areas, or the server that makes it available are free of viruses or other harmful components, nor do any of them make any warranty as to the results that may be obtained from the use of this Website or any internet site linked to or from this Website or as to the timeliness, sequence, accuracy, authority, completeness, usefulness, non-infringement, reliability, availability, or substance of any content, information, service, or transaction provided through this Website or any site linked to or from this Website. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
- Under no circumstances shall FofX Limited, its subsidiary and parent companies or affiliates or their respective directors, officers, employees, agents, contractors, or licensors be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within this Website or the content contained within any Internet site linked to or from this Website. The content within this Website and the content within Internet sites linked to or from this Website may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of this Website and specifically are included in this section agreement. FofX and its contributors may make improvements and/or changes in the content at any time and from time to time.
- You specifically acknowledge and agree that FofX Limited is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any of this Website content, or with the access agreement of this Website, in whole or in part, the user’s sole and exclusive remedy is to discontinue using FofX Website.
You agree to indemnify and hold FofX Limited, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents free from any and all liabilities, claims and expenses, including reasonable attorney’s fees, arising from breach of this Agreement, any other policy, your use or access of this Website or any Internet site linked to or from this Website, or in connection with the transmission of any Content on this Website.
7. Entire Agreement
This Agreement comprises the entire agreement between FofX Limited and You and supersedes any prior agreements with respect to the subject matter herein.
8. Variation of Terms
- FofX Limited may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on this Website.
- You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing this Website. To continue accessing and using this Website following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
- If any provision of this Agreement or any other policy is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect.
- The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6, 7, 8, 9, 10, 11 and 12 shall survive the termination or expiration of this Agreement.
10. Non-waiver of Rights
The failure of FofX Limited to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from this Website have been done strictly for clarification and identification and does not constitute endorsement by FofX Limited of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of FofX Limited by such trademark, service mark or link owner.
This Agreement is personal to you and you may not assign your rights or obligations herein to anyone.
This Agreement shall be governed by the laws of the state or province of domicile of FofX Academy Limited (being Lagos, Nigeria), excluding its conflict of laws rules, and you and this Website each submit to the exclusive jurisdiction of the courts of that state or province.