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instaxnaija

Privacy Policy

instaxnaija respects the privacy of its users. This notice describes our Privacy Policy (“Privacy Policy”) and discloses our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information.

We provide users (“you”, “your”) with services, delivered via the instaxnaija website (currently located at https://instaxnaija.com), (the “Site”), the instaxnaija mobile applications, browser extensions, and/or any other platform or media through which we may make such services available (all of which are referred to collectively herein as the "instaxnaija Technologies"), that allow you to explore the Internet, find new websites that may be of interest to you, receive recommendations of websites from instaxnaija, and join a community of individuals with similar tastes and interests (collectively, the “Services”).

ABOUT THIS PRIVACY POLICY
This Privacy Policy informs you of our policies and practices regarding the collection and use of information you submit to us or which we collect about you through our Services and informs you of options that you have to control or restrict the availability and use of your information. Wherever you reside or from whichever country you submit your information, you consent to our use of your information, consistent with this Privacy Policy, in the United States and in other territories where instaxnaija provides its Services. The above said does not apply to you if you are in the European Union (EU). Users in the EU should see the last section (“Additional Information for EU Residents”), which will inform you in detail about the personal data we process, how we process it, for which purposes we process it, with whom we share it, on what legal basis we process and transfer your personal data and which rights you have regarding the processing of your personal data.
RIGHT TO CHANGE THIS PRIVACY POLICY
This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the instaxnaija Technologies after the updated Privacy Policy is posted via any one of our Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services. Furthermore, we may revise this Privacy Policy in our sole discretion, so we suggest you review it periodically. If you continue to utilize the instaxnaija Technologies and use the Services made available to you after such changes have been made, you hereby provide your consent to the changes and such use indicates such consent.
POSTING OF REVISED PRIVACY POLICY
If there are any material changes to this Privacy Policy, instaxnaija will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
NEW USES OF PERSONAL INFORMATION
Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, instaxnaija will endeavor to comply with the law or contract.

We understand your concerns about privacy. We want you to understand what types of information we collect and what may happen to that information if you install the instaxnaija application, visit the instaxnaija Website or use any of the instaxnaija Technologies.
USER ACCOUNTS AND COLLECTION OF INFORMATION
When it comes to our Services, you are not required to create a user account or provide any personal information in order to visit the instaxnaija website. You are required to create a user account, however, to use our application. During registration, you are required to provide a name, password, valid email address, year of birth and specific or general location. You may also, at your discretion, be asked to provide information with regards to individuals, teams or organizations that you are affiliated with in order provide the Services necessary to allow for that kind of collective collaboration amongst users and parties.

If you choose to share any articles, videos, or other content with another person, we will ask you to provide a valid email address for that person. We may also ask you to provide your username and password for third party websites in order to access the articles and information published on such sites. We also collect information if you contact us for support or help, submit an application or otherwise communicate with us. The information which you supply to us enables us to customize and enhance the services we provide to you. In addition, it helps us communicate with you about our news, events, promotions and new products.

If you choose to subscribe to any paid premium subscriptions that we offer as part of our Services, our third party payment processors will collect and handle your credit card and related payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies.
COLLECTION OF INFORMATION
instaxnaija wants to give our Users the best possible experience, personalized for each user. As such, we collect information to improve our Services, features and content, to administer your use of our Services, and to deliver content that we determine may be of interest to you. In addition to the information that you provide to us when you register for a user account, we collect information about the URLs, titles and content of the web pages and other information you save to instaxnaija. The types of information we collect includes your browser type, device type, time zone, language, and other information related to the manner in which you access the instaxnaija Technologies. If you are on a mobile device, we collect the advertising identifiers provided by Apple on iOS and by Google on Android. You can change this identifier in your device settings. We also collect information about your use of the instaxnaija Technologies so that we can provide our services.
USE OF COOKIES AND ANALYTICS
In addition to the methods described above, we may also collect information using cookies or other technologies when you access our website or use instaxnaija Technologies. You may decline our cookies if your browser permits, although in that case you may not be able to use certain features, you may be required to enter your password more frequently during a session, and you may be unable to install or use certain instaxnaija Technologies. Cookies and other technologies make our instaxnaija Technologies easier to use and help us customize and personalize the services we provide based on your interests and activities.
USE OF INFORMATION
We use your personal information to respond to your requests and perform our contract with you. We may do this, for example, by using your contact information to respond to your inquiries, to provide customer support and to supply any products or services you have requested. In addition, if you choose to use the instaxnaija Technologies to share content with another person, we will use the recipient's email address or user account information to provide that service, but we will not use that email address for any other purpose.

We also have a legitimate business interest to operate and improve our services such as saving media or content and files or attachments to instaxnaija and making such materials and recommendations available to you at a later time on any device that you use to access the instaxnaija Technologies. We also use non-identifying, aggregated information to analyze the manner in which the instaxnaija Technologies are used, which also allows us to improve our services. The aggregated information we use includes the manner in which materials have been accessed, organized and shared. We may use aggregated information to offer a list of top sites or content, to make recommendations to our users, to report on usage and trends, to improve the products and services that we offer, or to develop new products and services.
SHARING OF INFORMATION
Except as set forth below, we do not share any personally identifiable information unless you expressly agree that we may do so.
PUBLIC CONTENT
If you choose to make the content you save publicly available, we may share that information with others in accordance with the options you select. In addition, if you choose to use the instaxnaija Technologies to share articles, videos, or other content with another person, we will send an email on your behalf to that person with a link to the content that you have chosen to share.
AGGREGATE DATA
We also share aggregated, non-personal data and related usage information, which does not contain any personal information which can identify you or any other individual user, with third parties, including content providers, website operators, advertisers and publishers. For example, we may share with a content provider a list of the most saved articles to instaxnaija based on an analysis of aggregated, anonymous user data, but we would not share with such content provider any personal information regarding such users.
LINKS TO OTHER SITES AND APPS
If you choose to, you may connect your instaxnaija account to third-party applications to enable additional features like saving from your favorite apps or other unique features third-party developers have created. We have set up controls in the instaxnaija application so that you can control the information that is shared with third-party providers of products and services.
WORKING WITH THIRD PARTIES
We may work with trusted third parties to facilitate one or more aspects of the products and services that we provide to you, and we may provide some of your personal information directly to these third parties. For example, as mentioned above, we may use a third party payment processor to process payments for our paid subscription service. These parties are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide to them for any other purpose other than those discussed above, unless you have explicitly agreed or given your prior permission to them for additional uses.
SHARING AS REQUIRED BY LAW OF ASSET SALE
In the event that we or certain of our assets are acquired, user information may be included among the transferred assets. Although we strive to protect the personal information of our users, we will release personal information if required by law or in the good-faith belief that such action is necessary. We follow the law whenever we receive requests about you from a government or related to a lawsuit. We will notify you when we are asked to hand over your personally identifiable information in this way unless we are legally prohibited from doing so. When we receive requests like this, we will only release your personally identifiable information if we have a good faith belief that disclosure is necessary or appropriate under applicable law. Nothing in this policy is intended to limit any legal defenses or objections that you may have to a third party's request to disclose your information.
KEEPING INFORMATION
We will keep your information only for as long as we need it to provide you services, manage our business or as required by law or contract.
TRANSFER OF INFORMATION
We are a global company with computer servers all around the world. We also use service providers whose computer servers may also be in various countries. This means that your information might end up on one of those computers in another country, and that country may have a different level of data protection regulation than yours. By giving us information, you consent to this kind of transfer of your information. No matter what country your information is in, we comply with applicable law and will also abide by the commitments we make in this privacy policy.
SECURITY
We have agreements with third parties and have adopted other security measures in place to protect against the loss, misuse and/or unauthorized alteration of the information under our control or under the control of our service providers. Your personally identifiable information is protected by utilizing both online and offline security methods, including firewalls, passwords and restricted physical access to the places where your information is stored. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain free from security issues. In the event of a security breach involving your personal information, we will make any legally required disclosures to you in the most expedient time possible and without unreasonable delay, consistent with the legitimate interests of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
PHISHING
Identity theft and the practice currently known as "phishing" are of great concern to instaxnaija. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your username, password, credit card information or national identification number in an unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
MANAGING MY PRIVACY AND EMAIL SETTINGS
You can edit or delete your personal information from your instaxnaija Profile. You can also view and control which third party services, if any, you want to connect to your instaxnaija account. These settings are at: instaxnaija.com/settings

As part of our default settings to share saved and recommended content, we may emails to our users. You may opt-out of receiving these, and updates on our service and your use, by using the unsubscribe feature on any of our email correspondence or from your account settings. We will try to communicate with you only according to your instructions, although it may take some time to process your request.
AMENDMENTS TO POLICY
Please note this Privacy Policy will change from time to time. We may amend this Privacy Policy at any time by posting the amended terms on our Website that you can access at instaxnaija.com or through the options or help menu of the instaxnaija application. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the Website. If we make any material changes to our Privacy Policy that affect user information already stored in our database, we will post a prominent notice on our Website notifying users that our Privacy Policy has changed. Our use of your information shall be governed by the terms and conditions of our Privacy Policy in effect when you first use our application or thirty (30) after the terms are changed, as explained above.

If you have questions or concerns regarding this Privacy Policy, you should contact us at support@instaxnaija.com or instaxnaija.com/contact

Europeans who believe a privacy complaint is unresolved have the right to lodge a complaint with the supervisory authority of their Member State.

Revised on 09/17/2023

instaxnaija

Terms of Service

Please read the following terms of service ("Agreement" or "Terms of Service") before you install the instaxnaija application or use any of the products or services we provide through our application, software or website (all of which are referred to collectively herein as the "instaxnaija Technologies"). The Terms of Service constitute a binding legal agreement, which govern your use of the instaxnaija Technologies via any platform or device. By installing the instaxnaija application, visiting our website or installing or using any of the instaxnaija Technologies, you are accepting these Terms of Service. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services.

If you have questions or concerns regarding this Agreement, the instaxnaija Technologies or your instaxnaija Premium subscription, you should contact us at support@instaxnaija.com

instaxnaija SERVICES
The instaxnaija software application, supporting files and accompanying documentation (referred to collectively herein as the "instaxnaija application") is provided solely for your personal, noncommercial use. The videos, articles and other content that you choose to save may be protected by copyright and other laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content.

We respect the intellectual property of others, and we ask our users to do the same. The instaxnaija Technologies allow you to time-shift across devices and platforms so that you can access information later that you had the right to access when you saved such content to instaxnaija. As a condition to your use of the instaxnaija Technologies, you agree not to use the instaxnaija Technologies to infringe any intellectual property rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the instaxnaija Technologies to, any users who infringe any copyrights or other intellectual property rights.
LICENSE GRANT
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to: (1) download and use a copy of the instaxnaija application; and (2) view and use the instaxnaija Technologies, including, without limitation, the products and services made available on or through the instaxnaija application or our website. No other right or license of any kind is granted to you hereunder with respect to the instaxnaija Technologies. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the instaxnaija Technologies, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of the instaxnaija Technologies.
OWNERSHIP
The instaxnaija Technologies, including, but not limited to, the instaxnaija application and all other programs, text, graphics, files and other content are owned and copyrighted by instaxnaija and its licensors, and are protected worldwide. We retain all right, title and interest in and to the instaxnaija Technologies and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks (including without limitation instaxnaija®, the instaxnaija logo and the rainbow bar), service marks, trade secrets and other intellectual property rights, any derivative work of the instaxnaija Technologies, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, "Update" shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the instaxnaija application. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the instaxnaija Technologies, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.
LICENSE RESTRICTIONS
Your access to and use of the instaxnaija Technologies is subject to this Agreement and all applicable laws and regulations. You may not: (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the instaxnaija Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the instaxnaija application or any portion thereof; (2) distribute, license, transfer, or sell, in whole or in part, any of the instaxnaija Technologies or any derivative works thereof; (3) market, rent or lease the instaxnaija Technologies for a fee or charge, or use the instaxnaija Technologies to advertise or perform any commercial solicitation; (4 ) use the instaxnaija Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (5) interfere with or attempt to interfere with the proper working of the instaxnaija Technologies, any transactions being offered in connection with the instaxnaija Technologies or any other activities conducted by us, disrupt our website or any networks connected to the instaxnaija Technologies, or bypass any measures we may use to prevent or restrict access to the instaxnaija Technologies; (6) exploit the instaxnaija Technologies in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7) use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission; (8) use the instaxnaija Technologies to collect or harvest personal information about other users of the instaxnaija Technologies; (9) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (10) share any videos, articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you; (11) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (12) use the instaxnaija Technologies, or any other services, products, or downloads available in connection with the instaxnaija Technologies for illegal purposes; (13) represent that you are the owner of any of the instaxnaija Technologies, including any of its individual files, drawings or documentation; (14) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the instaxnaija Technologies; (15) incorporate the instaxnaija Technologies or any portion thereof into any other program or product; (16) use the instaxnaija Technologies for any purpose other than in accordance with the terms and conditions of this Agreement; or (17) copy or reproduce, in any form or by any means, any part of the instaxnaija Technologies (except that you may make one copy of the instaxnaija application for archival or backup purposes only, provided that any such copy contains the copyright and proprietary notices in unaltered form). We reserve the right to refuse service, terminate accounts or limit access to the instaxnaija Technologies in our sole discretion.
INFORMATION YOU PROVIDE
You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Although our Privacy Policy is not a legal agreement, and creates no contractual obligations, it contains information that you should review prior to using the instaxnaija Technologies. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it. You are not required to create a user account or provide any personal information in order to visit our website. You are required to create a user account, however, to use our application or some of our services, such as saving videos, articles or other content to instaxnaija, or to sign up for our paid subscription service. If you choose to create a user account, you must provide certain current, complete, and accurate information about you, as requested during the registration process ("Registration Data"), and you must maintain and update such Registration Data to keep such information current, complete and accurate. You warrant that your Registration Data and all of the other information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the instaxnaija Technologies.

If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.

If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques. The instaxnaija Technologies enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, save, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You are solely responsible for all information which you share, save, submit, publish, display, disseminate or otherwise communicate through the instaxnaija Technologies, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of instaxnaija, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any videos, articles or other content with any third party, or to cease communicating with any third party via the instaxnaija Technologies, you agree to comply with such request immediately.
COPYRIGHT INFRINGEMENT
The videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. Other content may have re-use permissions attached. Please refer to the website you were visiting when you saved such content for information that may be applicable to such content.

You represent and agree that the instaxnaija application will be used solely for your personal-noncommercial use with respect to content of websites that you have the lawful right to access, and that the instaxnaija application will not be used in violation of the restrictions posted on the website where such content was published. Some websites include security measures designed to prevent access, and you agree not to take any steps to defeat any such security measures. We do not necessarily monitor any materials posted, transmitted, or saved to or with the instaxnaija Technologies. By posting, sharing or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind. If notified that any user has posted, shared or saved any information or materials which allegedly do not conform to this Agreement, we may in our sole discretion investigate the allegation and determine whether to take any other actions, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the account of any user who transfers or saves content in violation of this Agreement. We shall have no liability or responsibility to users for performance or nonperformance of such activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the terms of this Agreement or infringe any third party’s legal rights.

If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement. Please contact us as described on our Report Copyright Infringement page.
THIRD PARTY WEBSITES, SOFTWARE AND SERVICES
The content, products and services available via the instaxnaija Technologies include materials from non-affiliated third parties. We also participate in joint marketing and other service offerings with third parties and our website contains links to third-party sites. The instaxnaija Technologies also integrate, only at your request, with third-party software applications and services that enable you to save to instaxnaija within such third-party applications and to utilize the information we collect to improve the service offerings by such third parties. Such third parties may provide you with an opportunity to install the instaxnaija application or use the instaxnaija Technologies from or through their websites or such third parties may request to access or use your instaxnaija user account or other information so that they can customize the services that they provide to you. For example, if you are on a third-party website, you may be provided with the opportunity to download and install the instaxnaija application or you may be redirected to our website or provided with access to the instaxnaija Technologies. The third parties that contract with us are independent, and are not our agents. Such links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third-party websites, including without limitation the websites that offer videos, articles or other content that you choose to save to instaxnaija. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the instaxnaija Technologies, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to any of the instaxnaija Technologies, content, or other materials comprising a part of the instaxnaija Technologies at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited access to the videos, articles or other content saved to instaxnaija. Such access is provided as an accommodation only, and the items you save with instaxnaija may be deleted at any time and for any reason. We do not warrant, and will not have any liability or responsibility for, your use of instaxnaija or the products or services we provide. We may also impose limits on the use of or access to certain features or portions of the instaxnaija Technologies, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

THE instaxnaija TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE instaxnaija TECHNOLOGIES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE instaxnaija TECHNOLOGIES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE instaxnaija TECHNOLOGIES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE instaxnaija TECHNOLOGIES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE instaxnaija TECHNOLOGIES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE instaxnaija TECHNOLOGIES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE instaxnaija TECHNOLOGIES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
THERE ARE INHERENT RISKS IN RELYING UPON, USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND WE URGE YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE USING THE instaxnaija TECHNOLOGIES OR ANY WEBSITE THAT PROVIDES YOU WITH ACCESS TO THE instaxnaija TECHNOLOGIES. YOUR USE OF THE instaxnaija TECHNOLOGIES IS AT YOUR OWN RISK. NEITHER READ IT LATER, INC. NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE instaxnaija TECHNOLOGIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless Read It Later, Inc., its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the instaxnaija Technologies, or any of your other acts or omissions.
DISPUTES
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY OF THE instaxnaija TECHNOLOGIES, INCLUDING WITHOUT LIMITATION ANY DISPUTES RELATED TO THE instaxnaija PREMIUM SUBSCRIPTION SERVICE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR, HOWEVER, MAY AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING, WITHOUT LIMITATION, INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS OF SERVICE AS A COURT WOULD. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, AND ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT. THE ARBITRATOR WILL DECIDE ALL ISSUES, INCLUDING, WITHOUT LIMITATION, ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
GOVERNING LAW
By using any of the instaxnaija Technologies, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any kind that might arise between you and us.
AUTOMATIC RENEWAL, PAYMENTS, AND REFUNDS
We reserve the right in the future to charge for use of our services that are currently available free of charge. You will not be charged for using any service unless you have opted for a paid subscription plan. We will provide users with notice of any material change to the terms and conditions applicable to the subscription service at least thirty days prior to such change taking effect. By continuing to use our services after the change takes effect, you accept the new terms.
CANCELLATION POLICY FOR instaxnaija PREMIUM
You may cancel your subscription at any time. If you cancel or decide not to renew, you will be downgraded to our free service upon cancellation or at the end of your subscription period, as applicable. If you do not pay for your paid subscription on time, we reserve the right to suspend your paid subscription or reduce your service level to our free service. To cancel your subscription, please send an email to support@instaxnaija.com, or follow the instructions for cancellation that are available on our website.
TERMINATION
This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to the instaxnaija Technologies, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.

Upon the termination of a paid subscription, any of the data stored as part of your paid subscription (including, for example, copies of content in your permanent library), will be stored for 30 days. Following such 30 day period, we will have no obligation to save any such data.
ASSIGNMENT
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
SEVERABILITY
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitrator or tribunal, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
FORCE MAJEURE
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Read It Later and you.
INTERNATIONAL ACCESS
The instaxnaija Technologies may be accessed from countries other than the United States. We control and operate the instaxnaija Technologies from offices located in the United States and all servers that make it available reside in the United States. We make no representations or warranties that the instaxnaija application is appropriate for use or access in other locations. If you access and use the instaxnaija Technologies outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.

You may not use, export, re-export, import or transfer the instaxnaija Technologies except as authorized by United States law, the laws of the jurisdiction in which you obtained the instaxnaija Technologies, and any other applicable laws. In particular, but without limitation, the instaxnaija Technologies may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the instaxnaija Technologies, you represent and warrant that you are not located in any such country or on any such list. We reserve the right to limit, in our sole discretion, the availability of the instaxnaija Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.

We reserve the right to limit, in our sole discretion, the availability of the instaxnaija Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
U.S. GOVERNMENT RESTRICTED RIGHTS
If this product is acquired under the terms of a government contract, use, duplication and disclosure are subject to the terms of this license and the following restrictions: subdivision (c)(1)(ii) of the Rights in Technical data and Computer Software clause at 252.227-7013 (DOD contracts); subdivisions (a) through (d) of 52.227-19 (Civilian agency contracts); and the applicable ADP Schedule Contract (GSA contracts).
ACCESS BY CHILDREN
In the United States, if you are a device manufacturer or other third party (the "Sponsor") that provides devices to children under the age of 13 that utilize the instaxnaija Technologies, you assume the responsibility for complying with the U.S. Children’s Online Privacy Protection Act ("COPPA") and, to the extent applicable, The Family Educational Rights and Privacy Act ("FERPA"). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the instaxnaija application the personal information of children under the age of 13 in order to establish an account or use the instaxnaija Technologies. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm

Except as provided in the paragraph above, the instaxnaija application is not for individuals under the age of 13. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it.
ELECTRONIC COMMUNICATIONS
If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the instaxnaija Technologies. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the instaxnaija Technologies, about any of our products or services, or for such other purposes as we deem appropriate.
REVISIONS TO AGREEMENT
We may, at any time, revise this Agreement. If we modify the Terms of Service, we will post the modification on our website, through the instaxnaija Technologies, or otherwise provide you with notice of the modification. Prior to each usage of the instaxnaija Technologies, you should review the Terms of Service to determine the current Agreement to which you are bound. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the instaxnaija Technologies constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the instaxnaija Technologies. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and instaxnaija that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Revised on 09/17/2023

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