KULUYA.COM TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE AND KULUYA's PRIVACY POLICY BEFORE USING THIS WEBSITE OR ANY OF THE KULUYA.COM "COMMUNITY FEATURES" (as defined below)

SECTION 1 - GENERAL INFORMATION

- Terms of Service Binding

This Website is owned by KULUYA.COM. These terms of service (the "Terms of Service" or "TOS") apply to and govern the use of this Website and/or KULUYA.COM "Community Features" (as hereinafter defined, and, collectively referred to as the "Website"). Your use of the Website constitutes your unconditional agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Website. You can visit many parts of the Website without becoming a registered "User" (as defined below), but to participate in Community Features and certain other activities you will need to become a registered User and create an account (each, an "Account"). These TOS govern everyone who uses the Website (each, "you" or a "User"), whether they are registered or not.

These TOS, the KULUYA.COM Privacy Policy, and any other terms and policies incorporated herein by reference (collectively, the "Other Policies"), constitute the entire agreement between you and KULUYA.COM pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these TOS shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

- License to Use

KULUYA.COM grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Website and the materials thereon, including the "Website Content" (as defined below) for your personal use only, by way of one (1) computer connected to the Website over the Internet, provided that you comply fully with these Terms of Service. You may "cache" pages of the Website for the sole purpose of increasing the speed and efficiency at which you access the Website in the future. You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS.

- Changes to the Website and/or Terms of Service

KULUYA.COM reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Website, these TOS, or the Other Policies, in whole or in part, at any time. When KULUYA.COM amends these TOS, it will revise the "last updated" date located at the bottom of these TOS. For material changes to these TOS, KULUYA.COM will place a notice on the Website by revising the link on the home page to read "Updated KULUYA.COM Terms of Service" for up to sixty (60) days. If you use the Website in any way after these TOS have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on the Website and will supersede all previous versions of these TOS.

- Changes in Website Ownership

As set forth more fully in the Privacy Policy, you will be deemed to have consented to the transfer and/or disclosure to a subsequent owner of this Website of any personal information submitted by you and contained in KULUYA.COM's database if KULUYA.COM assigns your personal information to a third party as part of a corporate transaction such as a merger, acquisition, or sale of this Website or all or substantially all of KULUYA.COM's assets.

- Linked Websites

Please Note: In the event you elect to participate in any cash competitions offered on or through the Website, you may be re-directed to any prescribed website as backed by KULUYA.COM and your activity on such websites will be governed by the Terms and Conditions and Privacy Policy (however designated) that reside therein. KULUYA.COM is not necessarily affiliated with any third party websites that may be linked to or from the Website (the "Linked Websites") and is not responsible for the content or performance of any Linked Website. Links from the Website to the Linked Websites are for your convenience only, and you access them at your own risk. Users are invited to inform KULUYA.COM of any errors or inappropriate material found on Linked Websites.

- No Resale / Exploitation by Licensee

You may not reproduce, copy, resell, manipulate, or exploit any part of the Website or the "Website Materials" (as defined below), for any commercial purpose.

- Account Termination / Prohibited Access

KULUYA.COM may, in its sole discretion and at any time, with or without notice, terminate your password, Account or use of any Community Feature, and discard and remove any "Community Content" (as defined below) posted or submitted by you to any Community Feature, for any reason or no reason at all. KULUYA.COM may also, in its sole discretion and at any time, with or without notice, discontinue any Community Feature or limit or restrict any User access thereto, for any reason or no reason at all. Should KULUYA.COM take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your "Registration Information" (as defined below) and submitted Community Content. Additionally, if your access to the Website and/or other Sites has been terminated or suspended by KULUYA.COM for any reason, you are not eligible to enter or participate in any KULUYA.COM programs or promotions (including, without limitation, any sweepstakes, contests or giveaways) or to win any prizes. You understand and agree that KULUYA.COM shall not have any liability to you or any other person for any suspension or termination of your access to any Community Feature and/or the removal of information concerning your Account.

- Governing Law and Disputes

These TOS shall be governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria, without giving effect to any choice of law or conflict of law principles that would result in the application of any other Country's laws.

Any controversy or claim arising out of or relating to these Terms of Use, their enforcement, arbitrability or interpretation (collectively, "Claims") shall be submitted to final and binding arbitration, to be held in The Federal Republic of Nigeria, before a single arbitrator, in accordance with the Federal. All Claims shall be resolved individually, without resort to any form of class action; any and all Claims, judgments and awards shall be limited to the party's actual out-of-pocket expenses, but in no event will attorneys' fees be awarded or recoverable; and under no circumstances will any party be permitted to obtain any award for, and the parties hereby knowingly and expressly waive all rights to seek punitive, incidental or consequential damages and/or any other damages (other than actual out-of-pocket expenses) and all rights to have damages multiplied or otherwise increased. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the Law, and except as otherwise stated in this provision, the arbitration will be conducted in accordance with the rules of the organization that is selected. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law. These Terms of Services shall control the arbitrator’s decision and any other agreements the applicable User may have entered into with KULUYA.COM in connection with the Website. The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). In no event shall you be entitled to injunctive or other equitable relief. In the event that any provision of this arbitration provision is determined to be invalid or otherwise unenforceable or illegal, the balance of this provision shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained.

The Website is controlled and operated by KULUYA.COM from its offices within the Federal Republic of. KULUYA.COM makes no representation that the Website and/or the Website Content, including merchandise offered for sale on the Website, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the Federal Republic of Nigeria. Those who choose to access the Website from locations outside of the Federal Republic of Nigeria do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

Software from this Website is further subject to the Federal Republic of Nigeria export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) or any other country subject to the Federal Republic of Nigeria embargo or trade sanctions; or (ii) to anyone on the Nigeria’s. Treasury Department's list of Specially Designated Nationals or the Nigeria’s. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

SECTION 2 - INTELLECTUAL PROPERTY

2.1 - Ownership of trademarks, copyrights and patents

As between Users and KULUYA.COM, Website Content is different from "Community Content". "Community Content" consists of User-generated content, information, and materials of any kind or nature that is included or posted by Users in the Community Features sections of the Website (collectively, "Community Content"). Community Content is addressed in Paragraph 2.3 of these TOS. This Website and all of the content it contains, or may in the future contain, including but not limited to all copyrights, trademarks, service marks, trade names and patents (collectively, the "Website Content") are proprietary to KULUYA.COM and its affiliates. The Website Content and the programming codes associate therewith ("Website Code") as they exist on the Website are offered to you by KULUYA.COM for limited and restricted use pursuant to these TOS. Website Content and Website Code are collectively referred to herein as the "Website Materials". Any use of the Website Materials other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright and/or patent infringement.

The Website Materials are owned by KULUYA.COM and/or its licensors and content providers, and are protected by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by KULUYA.COM, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Website Materials. You agree not to use the Website Materials for any unlawful purposes.

Without in any way limiting the generality of the foregoing, use of the Website Materials on any third party website or other networked computer environment is prohibited without prior written permission from KULUYA.COM.

2.2 - Use of Software

From time to time, and at its sole discretion, KULUYA.COM may make available to Users certain software that may be accessible or downloaded from this Website. In the event that you access or download software from this Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by KULUYA.COM or a KULUYA.COM -approved third party software provider ("Third Party Provider"). KULUYA.COM does not transfer title to the Software to you. You own the medium on which the Software is recorded, but KULUYA.COM retains full and complete title to its Software, and all intellectual property rights therein. For purposes of these TOS, such Software shall be deemed included in the definition of "Website Materials". Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

2.3 – Submissions

KULUYA.COM is pleased to hear from its Users and welcomes your comments regarding KULUYA.COM's services and products, including KULUYA.COM's online services. Nevertheless, KULUYA.COM's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by KULUYA.COM's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show concepts/treatments, stories or character ideas, screenplays, or original artwork.

If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph 2.3, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of KULUYA.COM, and KULUYA.COM shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by KULUYA.COM without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. KULUYA.COM shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to this Website or KULUYA.COM, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Website and/or KULUYA.COM shall be the sole property of KULUYA.COM and will not be acknowledged or returned. You agree and understand that KULUYA.COM is not obligated to use any Submission you make to the Website or KULUYA.COM and you have no right to compel such use. You hereby acknowledge and agree that your relationship with KULUYA.COM is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to KULUYA.COM does not place KULUYA.COM in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that KULUYA.COM has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by KULUYA.COM's own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of KULUYA.COM's use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a KULUYA.COM's actual or alleged exploitation or use of any material you submit to the Website and/or KULUYA.COM, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall KULUYA.COM's liability exceed N10,000 (Ten Thousand Naira).

2.4 - Copyright Notice

If you are a copyright owner and believe that any Website Materials or Community Content appearing on the Website or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to KULUYA.COM pursuant by providing the following information in writing and send to KULUYA.COM email address:

If you are a copyright owner and believe that any Website Materials or Community Content appearing on the Website or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to KULUYA.COM pursuant by providing the following information in writing and send to KULUYA.COM email address:

• Your name, address, telephone number, and email address;

• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• The exact URL or a description reasonably sufficient to permit KULUYA.COM to locate where the alleged infringing material is located;

• 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;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of the written notification, KULUYA.COM will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal Court for the judicial district in which the address is located, or if his/her address is outside of Nigeria, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under the law or an agent of such person. By this filing, KULUYA.COM seeks to preserve any and all exemptions from liability that may be available under the law or otherwise, but does not necessarily stipulate that it is a service provider as defined in or elsewhere in the law.

SECTION 3 - COMMUNITY FEATURES

Section 3.1 - General Community Information

In consideration for your use of the Website's Community Features and functionality, you agree to (i) comply with the "Community Guidelines" set forth below, (ii) provide KULUYA.COM with accurate, complete and true information about yourself as required on the registration form (your "Registration Information") in order to create your Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at KULUYA.COM's sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using the Website and/or any other KULUYA.COM service.

As part of your Account, you will be responsible for creating, and maintaining the confidentiality of, your username and password. We ask that you select a username other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Account information, as sharing your password with others may lead to unauthorized access to your Account information. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify KULUYA.COM of any unauthorized use of your username or password, and (ii) ensure that you properly exit a Community Feature at the completion of your session. KULUYA.COM shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.

Section 3.2 - Profiles, Buddy Lists, Comment Walls, Virtual Assets and Private or Public Communications

As a convenience to its visitors, KULUYA.COM provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or virtual assets, polls, surveys, and other services (collectively, the "Community Features"). Community Features are provided by KULUYA.COM to you and others subject to the TOS, the "Community Guidelines" set forth below and the Other Policies. The User who posts Community Content in the Community Features is responsible for the reliability, accuracy and truthfulness of such Community Content, and KULUYA.COM has no control over same. Additionally, KULUYA.COM has no control over whether any such posted material is of a nature that Users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

ENTERING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY COMMUNITY FEATURES.

Section 3.3 - Community Guidelines

You are entirely responsible and liable for all activities conducted by you and/or any authorized use of your Account within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. Listed below are some, though not all, violations that may result in KULUYA.COM terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by KULUYA.COM in its sole discretion ("Community Guidelines"). You agree not to do any of the following actions while using any of the Community Features:

• Violate these Community Guidelines or abuse the community purpose of the chat areas.

• Use profanity, obscenities, or **asterisks** or other "masking" characters to disguise profane or obscene words.

• Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.

• Impersonate other Users.

• Attack (flame or "cyberbully") individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.

• Post topics on message boards, on the Website or within any of the Community Features that are unrelated to the subject of the Website.

• Advertise or promote other companies or URLs.

• Share personal information (your name, phone number, home address, password, etc.) with others on the Website.

• Include advertising in communications.

• Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KULUYA.COM all of the license rights granted herein.

• Include advanced fonts, java, tables, html, or other programming codes or commands in messages.

• Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.

Information disclosed in Community Features is by design revealed to the public. The Website is not responsible for any information you choose to disclose to others. The Website reserves the right, but not the obligation, to remove any posts for any reason. KULUYA.COM does not endorse the Community Content in the Community Features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Website Materials or Community Content provided through a Community Feature. Without in any way limiting the generality of Paragraph 2.3 of these TOS, by posting or uploading Community Content to any Community Feature or submitting any other Community Content to KULUYA.COM, you automatically grant (or warrant that the owner of such rights has expressly granted) KULUYA.COM a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.

You understand that the uploading to and/or posting of any Community Content in any Community Feature shall not be subject to any obligation of confidence on the part of KULUYA.COM, and KULUYA.COM shall not be liable for any use or disclosure of any Community Content. Without limitation of the foregoing, KULUYA.COM shall exclusively own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content.

From time to time, KULUYA.COM may offer Users the opportunity to create or acquire digital or virtual assets (collectively, "Virtual Assets"). Such opportunities are considered Community Features, and the Community Guidelines shall apply to them, but such Virtual Assets also involve additional considerations. In particular: (1) each User acknowledges and agrees that they are granted a limited, non-exclusive license to use the Virtual Assets in connection with, and solely as a part of, their use of the Website and then only for the duration permitted by KULUYA.COM, and Users shall have no ownership or property right, title, or interest in or expectation of the Virtual Assets, and any use of the Virtual Assets other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright infringement; (2) any modifications, combinations, alterations or other changes that a User makes to any Virtual Assets ("Alterations") shall be deemed a work-made-for hire for KULUYA.COM and KULUYA.COM shall be considered, forever and for all purposes throughout the universe, the author thereof and the sole copyright owner thereof and the owner of all rights therein and of all proceeds derived there from and in connection therewith, with the right to make such changes therein and such uses and disposition thereof, in whole or in part, as KULUYA.COM may from time to time determine as the author and owner thereof, together with all neighboring, rental, lending, fixation, reproduction, distribution and any and all other ownership and exploitation rights now or hereafter recognized in any territory, by any and all means, media, devices, processes and technology, and all rights generally known as the "moral rights of authors", and to the extent such Alterations do not constitute a work-made-for-hire, each applicable User hereby grants, transfers, sells and assigns all right, title and interest therein to KULUYA.COM throughout the universe in perpetuity; and (3) Virtual Assets have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased outside of the Website or used to engage in any gambling activity. Any Virtual Assets obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. For all other purposes of these TOS, Alterations shall be considered Community Content.

You agree to indemnify KULUYA.COM for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Community Feature or submitting any Community Content to KULUYA.COM, or your failure to comply with the Community Guidelines. KULUYA.COM does not and cannot review every message posted by users on the Website, and is not responsible for the content of these messages or the views or opinions expressed by the Users of the Website. KULUYA.COM reserves the right to, but is not obligated to, delete, move or edit Community Content, in whole or in part, submitted by you to the Website and/or KULUYA.COM for any reason. In no event does KULUYA.COM assume any obligation to monitor the Community Features or remove any specific material.

Section 3.4 - Promotional Activities

By registering for an Account, you agree that the Website may display your username throughout the Website, including, but not limited to areas such as leader boards, individual tournament records, message boards, chat rooms, etc. By accepting any prize from the Website, you agree to allow KULUYA.COM to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, your name, picture, voice, likeness, statements, biographical information, a description of the prize(s) you won and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release KULUYA.COM from any liability with respect thereto. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Section 3.5 - Privacy Policy

Submissions are governed by these TOS even if they include information about you or information that could be used to personally identify you. Any other personal information collected at the Website will be governed by KULUYA.COM's Privacy Policy located in the website, which is incorporated into these TOS by reference.

Section 3.6 - Anti-Spam Policy

The Website is vigorously against the practice commonly referred to as "Spamming." Any User who is reported to be generating Spam, and whose "Spamming" is validated by the Website, will have their respective Accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Website. Additionally, any prizes (if any) may be voided at the sole discretion of the Website. The Website defines "Spam" as it is commonly understood, and includes the following:

• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;

• Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;

• Solicitations posted to chat rooms or sent to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ).

KULUYA.COM may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

• Account Suspension: Upon the receipt of a credible and validated complaint, KULUYA.COM may elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "final" warning and will prevent the abuser from continuing his/her abusive "Spamming" behavior. KULUYA.COM will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion, and may void any associated prizes. KULUYA.COM reserves the right to lift the suspension of a user at any time, at its sole discretion.

• Account Termination: Upon the receipt of a credible and validated complaint, KULUYA.COM may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings.

SECTION 4 - LIMITATION OF LIABILITY

Section 4.1 - General Disclaimer

THE WEBSITE, THE WEBSITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KULUYA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KULUYA.COM DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, THE WEBSITE MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, WEBSITE MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. KULUYA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KULUYA.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE MATERIAL PROVIDED ON THE WEBSITE IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSES IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF KULUYA.COM. NEITHER KULUYA.COM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS OR PARENT, SUBSIDIARY OR AFFILIATED COMPANIES (COLLECTIVELY, THE " KULUYA.COM ENTITIES") ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE KULUYA.COM ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE COMMUNITY FEATURES, THE WEBSITE MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE KULUYA.COM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE KULUYA.COM TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE KULUYA.COM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORISED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE KULUYA.COM ENTITIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE LAW OF THE FEDERAL REPUBLIC OF NIGERIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

SECTION 5 - INDEMNIFICATION.

BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE KULUYA.COM ENTITIES FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENCE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR KULUYA.COM'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENCE OF ANY CLAIM. KULUYA.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF KULUYA.COM

SECTION 6 - MEMBER DISPUTES.

You are solely responsible for your interactions with other Website Users and/or Community Feature Users. KULUYA.COM reserves the right, but has no obligation, to monitor disputes between you and other Users.

SECTION 7 - ABILITY TO ACCEPT TOS.

If you are a resident of any country or state, you affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.

SECTION 8 - ADDITIONAL TERMS.

If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorised officer of KULUYA.COM. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect

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

© 2013 Kuluya.com.

Effective Date: April 20th, 2013.