Terms of Service
1. Acceptance of Terms
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:
> You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service.
> You understand that TmyMart does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
> Furthermore, the TmyMart’s site and Content available through the Service may contain links to other websites, which are completely independent of TmyMart.
> TmyMart makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
> You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TmyMart be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
> You acknowledge that TmyMart does not pre-screen or approve Content, but that TmyMart shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
> The TmyMart’s site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of TmyMart, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
> Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
> You agree that TmyMart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between sellers (person or company offering something for sale) on this site, or between users and any third party, you understand and agree that TmyMart is under no obligation to become involved. If you have a dispute with one or more other users, you hereby release TmyMart, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify TmyMart’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
email@example.com or 09013228715
Please provide our Agent with the following Notice:
1) Identify the material on the TmyMart site that you claim is infringing, with enough detail so that we may locate it on the website;
2) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4) Your address, telephone number, and email address; and
5) Your physical or electronic signature.
TmyMart will remove the infringing posting(s), that is inconsistent with the Protection of Private Information Act,; Electronic Communications Act; Copyright Act and Intellectual Property Laws Amendment Act.
6. PRIVACY AND INFORMATION DISCLOSURE
> You further acknowledge and agree that TmyMart may, after notifying you in its sole discretion, preserve or disclose your Content, as well as your private information (as defined in the Protection of Personal Information Act), such as email addresses, IP addresses, timestamps, and other user private information, if required to do so by laws in Nigeria or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TmyMart, its users or the general public.
You agree not to post, email, or otherwise make available Content:
1) That is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
2) That is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
3) That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4) That violates any African law by making a discriminatory preference based on race, colour, national origin, religion, sex, familial status or handicap
5) That violates any national or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability.
6) That impersonates any person or entity, including, but not limited to, a TmyMart’s employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
7) That includes personal or identifying information about another person without that person’s explicit consent;
8) That is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
9) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
10) That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
11) That constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the TmyMart’s sites which are not designated for such purposes; or emailed to TmyMart users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
12) That includes links to commercial services or web sites, except as allowed in “services”;
13) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
14) That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
15) That employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
16) Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
17) “Stalk” or otherwise harass anyone;
18) Collect personal data about other users for commercial or unlawful purposes;
19) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by TmyMart;
20) Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
21) Post the same item or service in more than one classified category or in more than one metropolitan area;
22) Attempt to gain unauthorized access to TmyMart’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the TmyMart’s website; or
23) Use any form of automated device or computer program that enables the submission of postings on TmyMart’s website without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals unless otherwise approved in writing by TmyMart; or
24) Use any form of automated device or computer program (“flagging tool”) that enables the use of TmyMart’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
> Only registered users may buy and sell on TmyMart. Registration is free. In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
> Gigs on TmyMart may be offered at a base starting price of $10. Some Gigs are offered at a base price of more than $10 as determined by the Seller.
> Buyers pay TmyMart in advance to create an order (see Payment Terms).
> Orders are purchased through the Order button on a Seller’s Gig page or through a Custom Offer.
> For fees and payments please read the Payment Terms
> Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Canceling orders will affect the Sellers’ reputation and status.
> Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
- Users may not offer or accept payments using any method other than placing an order through Tmymart.org.
> When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page.
> TmyMart retains the right to use all published delivered works and Logo Designs for TmyMart marketing and promotion purposes.
> Sellers create Gigs on TmyMart to allow Buyers to purchase their services.
> Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
> Each Gig you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
> TmyMart accredits Sellers once an order is completed.
> For more information about receiving payments, fees, and taxes see the Payment Terms.
> The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
> For security concerns, TmyMart may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple TmyMart accounts to a single withdrawal provider.
> You may not offer direct payments to Sellers using payment systems outside of the TmyMart platform.
> TmyMart retains the right to use all publicly published delivered works for TmyMart marketing and promotional purposes.
> Buyers may request a specific service from the Post a Request feature. Services requested on TmyMart must be allowed service on TmyMart. Users should refrain from using the Post a Request feature for any purpose other than looking for services on TmyMart.
> Please refer to the Payment Terms for making Payments through the TmyMart platform and to learn about fees and taxes.
> In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through TmyMart Anywhere.
> You may not offer Sellers to pay or make payment using any method other than through the TmyMart.org site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
11. NO SPAM POLICY
Any unauthorized use of TmyMart’s computer systems for sending unsolicited email advertisements to TmyMart’s email addresses or through TmyMart’s computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Electronic Communications Act together with the Protection of Private Information Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.
12. LIMITATIONS ON SERVICE
You acknowledge that TmyMart may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that TmyMart has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that TmyMart reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that TmyMart shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
13. ACCESS TO THE SERVICE
> TmyMart grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TmyMart.
> A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
> TmyMart offers various parts of the Service in RSS format so that users can embed individual feeds into a website, or view postings through third-party software news aggregators.
> TmyMart permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘Tmymart.org’ as the source, (c) your use or display does not suggest that TmyMart promotes or endorses any third party causes, ideas, web sites, products or services, and (d) your use does not overburden TmyMart’s systems.
>TmyMart reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
> Use of the Service beyond the scope of authorized access granted to you by TmyMart immediately terminates said permission or license.
14. TERMINATION OF SERVICE
> You agree that TmyMart, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if TmyMart believes that you have acted inconsistently with the letter or spirit of the Terms.
> Further, you agree that TmyMart shall not be liable to you or any third party for any termination of your access to the Service.
> Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6, and 10-19 shall survive termination of the Terms.
15. PROPRIETARY RIGHTS
> The Service is protected to the maximum extent permitted by copyright laws and international treaties.
> Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions.
> Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express wrote consent of TmyMart.
> You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of TmyMart, and agree to abide by any and all copyright notices displayed on the Service.
> You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
> Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
> Although TmyMart does not claim ownership of content that its user’s post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TmyMart an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
> Furthermore, by posting Content to any public area of the Service, you automatically grant TmyMart all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
16. DISCLAIMER OF WARRANTIES
> You agree that your use of the TmyMart site and the service is entirely at your own risk.
> The TmyMart site and the service are provided on an “as is” or “as available” basis, without any warranties of any kind.
> All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
> To the fullest extent permitted by law, TmyMart disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of TmyMart’s site and the service.
> To the fullest extent permitted by law, TmyMart disclaims any warranties for other services or goods received through or advertised on the TmyMart site or the sites or services or accessed through any links on the TmyMart site. to the fullest extent permitted by law, TmyMart disclaims any warranties for viruses or other harmful components in connection with TmyMart’s site or the service.
> Some jurisdictions do not allow the disclaimer of implied warranties. in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
17. LIMITATIONS OF LIABILITY
> Under no circumstances shall TmyMart be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if TmyMart has been advised of the possibility of such damages), resulting from any aspect of your use of the TmyMart site or the service, whether the damages arise from use or misuse of the TmyMart site or the service, from an inability to use the TmyMart site or the service, or the interruption, suspension, modification, alteration, or termination of the TmyMart’s site or the service.
> Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the TmyMart site or the service or any links on the TmyMart site, as well as by reason of any information or advice received through or advertised in connection with the TmyMart site or the service or any links on the TmyMart site.
> These limitations shall apply to the fullest extent permitted by law.
> In some jurisdictions, limitations of liability are not permitted. in such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold TmyMart, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
> The Terms constitute the entire agreement between you and TmyMart and govern your use of the Service, superseding any prior agreements between you and TmyMart.
> The Terms and the relationship between you and TmyMart shall be governed by the laws of Nigeria without regard to its conflict of law provisions.
> You and TmyMart agree to submit to the personal and exclusive jurisdiction of the courts located within the county.
> The failure of TmyMart to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
> If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
> You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.