PLEASE READ THESE TERMS & CONDITIONS ("Terms & Conditions") CAREFULLY BEFORE USING THE MyNotjustok WEBSITE OR ANY OF THE OTHER PLATFORM (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of MyNotjustok (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.
Children under the age of 13 are not eligible to use the Website and must not attempt to register with MyNotjustok and/or submit any personal information to us.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PLATFORM.
This Agreement is a binding contract between me and Notjustok Inc. (the Company). [By signing up for Mynotjustok, I and the Company will enter into the following Agreement]:
- Materials. This Agreement applies to all musical works, sound recordings images, photographs, artwork, texts, videos, mixed media or multimedia works and other forms of content, information, data or copyrighted materials (collectively “Materials”) that I may supply, upload, submit or provide to the Company.
- License. I hereby grant to the Company, an irrevocable, unconditional, worldwide, sub-licensable, transferable, royalty-free, non-exclusive, license to: copy, use, display, reproduce, exhibit, distribute, publish, publicly perform, broadcast, rebroadcast, transmit, distribute through any electronic means, synchronize with visual images, include in compilations, prepare derivative works of, and otherwise exploit the Materials, or any parts thereof, in perpetuity in any and all media now known or hereafter devised and in any manner as the Company may determine or authorise in its discretion.
- Name and Likeness. In connection with the Materials, I grant the Company an, irrevocable, unconditional, worldwide, royalty-free, license to use my name(s), group name, likeness, image, artwork, voice and biographical information in connection with the distribution of any works made with or including the Materials permitted in this Agreement.
- Restriction. I agree that I will not submit any material that is: a) copyrighted by any third party; or b) protected by trade secrets or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless I am the owner of such rights or have the express written permission (and will provide the Company with copies of such written permissions upon request) from the rightful owner of such rights to supply such material and grant to the Company, the license rights granted herein.
- Warranty. I represent and warrant that: a) I own or have the necessary licenses, rights, consents and permissions, to use and authorise the Company to use all copyright, patent, trademark, trade secret or other proprietary rights in and to any and all Materials required for the licenses that I grant in the Agreement; b) the Materials do not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; c) the Materials do not and will not violate any law, statute, ordinance or regulation; d) the Materials are not and will not be defamatory, libellous, pornographic or obscene; e) the Materials do not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; f) all factual assertions that I have made and will make to the Company are true and complete; and g) if I am or any member of my group is a minor, I hereby warrant that: i) I have parental permission to execute this Agreement and agree to its terms; or ii) I have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. I hereby waive all so-called “moral rights” or other similar rights in such Materials to the maximum extent permitted by law. I represent and warrant that use of such Materials is not subject to any payment obligation to any third party, including without limitation, for any actors, musicians, artists or performers’ union guild.
- Verification. I understand that the Company will conduct a verification process to confirm my claim to the above rights. Where the rights to the Material cannot be verified within a period of six (6) months from the supply of Material, the Company reserve the rights to remove the Material from its platforms.
- Consideration. This Agreement is made for good and valuable consideration, the receipt of which is hereby acknowledged. I shall only be entitled to receive a share of sales revenue generated from the Material supplied after my claim to the rights above have been confirmed by the Company. Thereafter I shall be required to enter into a subsequent agreement with the Company.
- No Obligation to Use. I acknowledge that the Company is under no obligation to use, review, edit or monitor any Materials and reserves the right to cease offering any Materials on its website at any time without notice.
- Indemnity. I hereby agree to indemnify and hold harmless the Company, its officers, directors, employees and agents, from any or other rights and licenses granted by this Agreement, actual or alleged claims, damages and costs, including reasonable attorney’s fees, that arise out of or related to licensed use of Materials, including, without limitation, any claim of infringement, defamation or breach of my responsibilities and warrantees. I agree to execute and deliver documents to the Company, upon the Company’s reasonable request, that evidence or effectuate the Company’s rights under this Agreement.
- Termination. I may terminate the grant of rights set forth above at any time by notifying the Company in writing or by e-mail addressed to email@example.com. Upon such termination, the permissions listed in Clauses 2 and 3 above shall terminate upon the Company’s actual receipt of such notice, provided that the Company shall have a up to thirty working (30) days to promptly remove the Materials from the Company’s platforms and the parties agree to cooperate in providing an orderly termination of their relations. The Company may terminate the grant of rights above at any time by notifying you by email to the e-mail address which you supply to us.
- Jurisdiction, No Injunction. This Agreement is governed, construed and interpreted in accordance with the laws of the Federal Republic of Nigeria. The exclusive jurisdiction and venue for any claim arising from this Agreement shall be the Federal High Courts in Lagos State. I acknowledge that in the event of a breach of this Agreement by the Company or any third party, the damage or harm, if any, will not entitle me to seek injunctive or other equitable relief, and I will not have the right to enjoin the production, exhibition, distribution or other exploitation of the Materials under any circumstances.
- Integration. This Agreement reflects the entire Agreement between the parties. This Agreement inures to the benefit of and binds the parties’ heirs, successors, representatives and assigns. Should any portion of this Agreement be deemed unlawful or invalid, it shall not disrupt the lawfulness or validity of the remaining portions of this Agreement.
Effective date: June 08, 2018
Notjustok Inc ("us", "we", or "our") operates the my.notjustok.com website and the MyNotjustok mobile application (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
- Service. Service means the my.notjustok.com website and the MyNotjustok mobile application operated by Notjustok Inc.
- Personal Data. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Cookies. Cookies are small pieces of data stored on your device (computer or mobile device).
- Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.
2. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of cookies we us:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
- Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
3. Use of Data
Notjustok Inc uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
4. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Notjustok Inc may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it's not overridden by your rights
- For payment processing purposes
- To comply with the law
5. Retention of Data
Notjustok Inc will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
6. Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
7. Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Notjustok Inc may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Notjustok Inc may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Notjustok Inc
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
8. Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
9. "Do Not Track" Signals Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
10. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Notjustok Inc aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Notjustok Inc relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
11. Services Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
- Facebook. Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217. Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
12. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
13. Children's Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
15. Contact Us