Terms of Service
Varsityshare Ltd has developed a website and an application (“varsityshare.com.ng” or “varsityshare app platforms”) to assist members of educational institutions including Universities, Polytechnics, Monotechnics, special schools and others in dissemination and sharing of information and educational resources. The resources provided by varsityshare targets specifically, teachers, tutors, authors, lecturers, professors, students, librarians, researchers, administrators, corporate trainers, institutes and everyone involved in education.
The use of the resources on varsityshare platforms are subject to terms and conditions explained below.
Every user acknowledges that Varsityshare is owned and operated by Varsityshare Ltd.
Varsityshare is offered subject to user’s acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Varsityshare.
Every person who accesses the varsityshare acknowledges that he or she has read the latest version of this terms and conditions before accessing and using the Varsityshare.
By accessing or using any part of Varsityshare, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Varsityshare or use any services. If these terms and conditions are considered an offer by Varsityshare, acceptance is expressly limited to these terms.
By accessing or using Varsityshare, you agree that:
knowledge should be shared in the way Varsityshare proposes, every human deserves to access all knowledge irrespective of source.
you consent to have your own resources shared on Varsityshare if resources which ownership rights are traceable to you are found on Varsityshare, and
you will not press charges or claims in respect of resources owned by you found on Varsityshare even if your consent was not first sought and obtained before it was placed on Varsityshare.
Creating an Account and Blog.
Varsityshare is intended to be used only by students, teachers, and educators. Students under 13 may only create accounts and/or blogs under the express approval and supervision of their adult parents, teachers or school (“guardian”). The guardian is responsible for ensuring the use complies with local laws and policies. Parents can contact [email protected]
to request the creation of individual blogs for children under 13 that wish to use Varsityshare for a project or purpose outside of school.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to Varsityshare, post links on Varsityshare, or otherwise make (or allow any third party to make) material available by means of Varsityshare (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the content is not false or intentionally misleading;
the content is not fraudulent or intended to be used for any dishonest purpose;
you have verified the accuracy of the contents relating to facts, if opinion, you have reasonably basis for believing it is correct;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals, group of individuals (whether or not classified by gender, ethnicity, religion, race, political affiliation and geographical location) or entities, and does not violate the privacy or publicity rights of any third party;
your blog, posts and comments are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog or account is not named in a manner that misleads your readers into thinking that you are another person or company (whether you consider such a person more popular or reputable than yourself or not). For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Varsityshare or otherwise.
If you violate any of the above conditions,
- Varsityshare reserves the right to prosecute you in either or both of administrative and judicial/ arbitral proceedings seeking punitive, indemnity and compensatory remedies.
You also agree that Varsityshare may commence proceedings against you in Nigeria or anywhere else where you have presence at the discretion of Varsityshare.
If Varsityshare decides to commence arbitration, you agree that Varsityshare may choose an arbitral institution of its choice and the arbitral panel shall be appointed in accordance with the rules of such arbitral institution that applies when parties could not agree on a sole arbitrator.
You agree that if Varsityshare commences more than one proceedings against you, Varsityshare may ask for the consolidation of such proceedings provided that arbitral proceedings may only be consolidated with another arbitral proceedings while courtroom litigation can be consolidated with courtroom litigation only. You also agree that where a further breach occurs during the pendency of existing proceedings, Varsityshare may amend the existing proceedings to make claims relating to the new breach without necessarily commencing another proceedings to ventilate the new breach.
You agree that Varsityshare may obtain anton pillar and mareva injunctions other preservative orders from national courts or arbitral institutions. For the purpose of jurisdiction, you agree that Nigerian courts have jurisdiction to make preservative others against you and that your subscription of Varsityshare is sufficient connection with Nigeria. You also agree that any orders made against you ex parte may be communicated to you by email, sms or telephone contacts associated to your account(s) with Varsityshare. The address(es), including email(s) associated with your account are sufficient addresses for the purpose of service of notices and court processes.
You also agree that if you have jurisdictional objections to the proceedings that may be commenced against you by Varsityshare and which is not already waived, you shall raise them in the document containing your substantive defence to the claims of Varsityshare against you such that the adjudicatory tribunal shall consider the merit of the case and the jurisdictional challenge at the same time and give one composite judgment/ ruling. Provided that the adjudicatory tribunal shall show clearly what its decisions are on the merits of the case and the jurisdictional objection you may have.
You agree that you will bear the costs of all proceedings taken by Varsityshare to enforce these terms and conditions including attorney fees.
You agree that the laws of Nigeria shall apply to the disputes between yourself and Varsityshare provided that laws of developed nations may be cited to protect Varsityshare and the objects of Varsityshare.
By submitting Content to Varsityshare for inclusion on Varsityshare, your own account on Varsity or your website links to which is by any means found on Varsityshare, you grant Varsityshare a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting knowledge. If you delete Content, Varsityshare will use reasonable efforts to remove it from Varsityshare, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Varsityshare has the right (though not the obligation) to, in Varsityshare’s sole discretion (i) refuse or remove any content that, in Varsityshare’s reasonable opinion, violates any Varsityshare policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Varsityshare to any individual or entity for any reason. Varsityshare will have no obligation to provide a refund of any amounts previously paid (if any). Varsityshare does not owe anyone any explanation for refusing or removing a content which in its opinion ought to be removed.
Fees and Payment.
Varsityshare may introduce services (“packages”) which use are subject to payment. If and when Varsityshare introduces packages which use are subject to payment, you agree to pay Varsityshare the monthly or annual subscription fees indicated for those packages upon use of same. Payments will be charged on the day you sign up for a paid package and will cover the use of that service for a monthly or annual period as indicated. Package fees are not refundable.
Varsityshare will provide support to its users within its own resources and ability. Varsityshare does not warrant to have capacity to resolve all the complaints users may have. Varsityshare shall endeavor to answer email communications to Varsityshare by users within 2 business days. Failure to provide support for any reason does not give the user a right of claim against Varsityshare.
Responsibility of Website Visitors.
Varsityshare has not reviewed, and cannot review, all of the material and resources, including computer software, posted to Varsityshare, and cannot therefore be responsible for that material and resources’ contents, use or effects.
By operating Varsityshare, Varsityshare does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Varsityshare may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
Varsityshare may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Varsityshare disclaims any responsibility for any harm resulting from the use by visitors of Varsityshare, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through Varsityshares and webpages to which Varsityshare.com.ng links, and that link to Varsityshare.org. Varsityshare does not have any control over those non-Varsityshare websites and webpages, and is not responsible for their contents or their use. By linking to a non-Varsityshare website or webpage, Varsityshare does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Varsityshare disclaims any responsibility for any harm resulting from your use of non-Varsityshare websites and webpages.
As Varsityshare asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Varsityshare.org violates your copyright, you are encouraged to notify Varsityshare using this form here. Varsityshare will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Varsityshare or others, Varsityshare may, in its discretion, terminate or deny access to and use of Varsityshare. In the case of such termination, Varsityshare will have no obligation to provide a refund of any amounts previously paid to Varsityshare. In addition, Varsityshare may proceed against such defaulter.
This Agreement does not transfer from Varsityshare to you any Varsityshare or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Varsityshare, Varsityshare.org, the Varsityshare.org logo, and all other trademarks, service marks, graphics and logos used in connection with Varsityshare.org, or Varsityshare are trademarks or registered trademarks of Varsityshare or Varsityshare’s licensors. Other trademarks, service marks, graphics and logos used in connection with Varsityshare may be the trademarks of other third parties. Your use of Varsityshare grants you no right or license to reproduce or otherwise use any Varsityshare or third-party trademarks.
Varsityshare reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Varsityshare following the posting of any changes to this Agreement constitutes acceptance of those changes. Varsityshare may also, in the future, offer new services and/or features through Varsityshare (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Varsityshare may terminate your access to all or any part of Varsityshare at any time, with or without cause, with or without notice, effective immediately or at a stated future date. If you wish to terminate this Agreement or your Varsityshare.org account (if you have one), you may simply discontinue using Varsityshare. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability and dispute resolution provisions. Accrued sums and damages continue to be due to Varsityshare irrespective of termination of this agreement by Varsityshare or discontinuance of use or access by you.
Disclaimer of Warranties.
Varsityshare is provided “as is”. Varsityshare and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Varsityshare nor its suppliers and licensors, makes any warranty that Varsityshare will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, Varsityshare at your own discretion and risk.
Limitation of Liability.
In no event will Varsityshare, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Varsityshare under this agreement during the twelve (12) month period prior to the cause of action. Varsityshare shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Varsityshare, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Varsityshare, including but not limited to your violation of this Agreement. This Agreement constitutes the entire agreement between Varsityshare and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Varsityshare, or by the posting by Varsityshare of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Varsityshare may assign its rights under this Agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If any part of this agreement or terms and conditions is found to be invalid under applicable laws, this agreement may be read and applied with such modifications as may bring the surviving part into conformity with applicable laws, provided that the surviving parts:
are read in such a way as to protect Varsityshare from all liabilities that may arise by the use of resources found or through Varsityshare;
Entitle Varsityshare to liquidated damages with prejudgment interest for breach of terms of this agreement.