TERM OF USE FOR THE USE OF SWOWBI.COM
Welcome to the Swowbi.com (owned and operated by EaseRead, Enterprises (hereinafter “EaseRead”) a content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, purchase, sale, sharing and distribution of written digital content over the internet (the “EaseRead Platform”). The terms “EaseRead Platform” apply to any site or mobile application owned and operated by EaseRead Enterprises., including and particularly Swowbi.com (each an “App” or “Website”).
Swowbi.com is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Swowbi.com by EaseRead. If You are using or opening an account on the Swowbi.com on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. By using Swowbi.com, you represent that You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 12 years old, as the Swowbi.com is not intended for children under 12.
2. Privacy; Additional Terms.
3. Individual Features and Services.
When using Swowbi.com, You will be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Paid Access
EaseRead offers you an opportunity to purchase digital version of books at the stipulated price and store them on your shelf within the Platform i.e Swowbi.com. Upon signing in, You will have access to purchased books on your shelf at an offline mode when viewing through the mobile app and then online when making use of a computer. Swowbi.com does not allow for downloading into your device and does not allow for copying and pasting. Your access to the applicable content and related purchase transaction are subject to the Terms and Conditions herein contained and as updated from time to time.
5. Modification of these Terms and the EaseRead Platform.
EaseRead reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms or any additional terms at any time. If we do so, we’ll let you know either by posting the modified Terms on Swowbi.com or through other communications. Please check these Terms and any Guidelines periodically for changes. It’s important that you review the Terms whenever we modify them because Your continued use of Swowbi.com after the posting of changes constitutes Your binding acceptance of such changes. If you don’t agree to be bound by the modified Terms, then you may not use Swowbi.com anymore. Because Swowbi.com is evolving over time we may change or discontinue all or any part of Swowbi.com, at any time and without notice, at our sole discretion.
6. Copyright Infringement.
Please note that since we respect authors’ and content holders’ rights, it is EaseRead’s policy to respond to notices of alleged infringement that comply with the laws governing copyright in Nigeria. Please note that EaseRead will promptly terminate without notice any User’s access to Swowbi.com if that User is determined by EaseRead to be a “repeat infringer”. A repeat infringer is a User who has been notified by EaseRead of infringing activity violations more than thrice.
7. EaseRead Platform License Grant.
7.1 License Grant to EaseRead Mobile App
Subject to Your compliance with the terms and conditions set out in these Terms, EaseRead grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. EaseRead reserves all rights in and to the App not expressly granted to You under these Terms.
7.2 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, EaseRead hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device within the Easeread platform), except as EaseRead may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section 7.2 does not include EaseRead’s Commercial Content
7.3 Reservation of Rights.
EaseRead reserves all rights not expressly granted in these Terms.
7.4 Prevention of Unauthorized Use.
EaseRead reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Swowbi.com, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
8. Content Disclaimer.
You understand that when using Swowbi.com You will be exposed to content from a variety of sources, and that EaseRead is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against EaseRead with respect thereto. EaseRead does not endorse any content or any opinion, recommendation, or advice expressed therein, and EaseRead expressly disclaims any and all liability in connection with such content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, EaseRead may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, EaseRead does not permit copyright infringing activities on the EaseRead Platform.
9. Prohibited Conduct.
BY USING THE SWOWBI.COM YOU AGREE NOT TO:
9.1 use the Swowbi.com for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Swowbi.com as such services are offered by EaseRead;
9.2 rent, lease, copy and paste, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;
9.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Swowbi.com accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Swowbi.com, or perform any other similar fraudulent activity;
9.6 delete the copyright or other proprietary rights notices on the Swowbi.com or associated with any content available via Swowbi.com;
9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Swowbi.com. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9.8 use the Swowbi.com for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9.9 defame, harass, abuse, threaten or defraud Users of the Swowbi.com, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 use the EaseRead Platform if You are under the age of twelve (12) years old;
9.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Swowbi.com features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Swowbi.com, or features that enforce limitations on the use of the Swowbi.com or any content available via the Swowbi.com;
9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Swowbi.com or any part thereof;
9.13 modify, adapt, translate or create derivative works based upon the Swowbi.com or any part thereof;
9.14 intentionally interfere with or damage operation of the Swowbi.com or any user’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9.15 relay email from a third party’s mail servers without the permission of that third party;
9.16 use any robot, spider, scraper, or other automated means to access Swowbi.com for any purpose or bypass any measures EaseRead may use to prevent or restrict access to Swowbi.com;
9.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the EaseRead Platform;
9.18 interfere with or disrupt Swowbi.com or servers or networks connected to the Swowbi.com, or disobey any requirements, procedures, policies or regulations of networks connected to Swowbi.com or any of the EaseRead Platform; or
9.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in EaseRead’s sole opinion detracts from the EaseRead experience.
10. Account When You use Swowbi.com to print content, or otherwise access content or use any products, services, or otherwise access information from EaseRead, You may be asked to create an account and provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to EaseRead on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify EaseRead by emailing email@example.com. You may be liable for the losses incurred by EaseRead or others due to any unauthorized use of Your Swowbi.com account.
11. Third-Party Sites, Products and Services; Links. Swowbi.com may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by EaseRead, EaseRead does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Swowbi.com are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12.1 EaseRead. You agree that EaseRead, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with EaseRead or Your use of Swowbi.com and remove and discard all or any part of Your account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your account is if You contravene any provisions of EaseRead’s policy. EaseRead may also in its sole discretion and at any time discontinue providing access to Swowbi.com, or any part thereof, with or without notice. You agree that any termination of Your access to Swowbi.com or any account You may have or portion thereof may be effected without prior notice, and You agree that EaseRead will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies EaseRead may have at law or in equity.
12.2 You. Your only remedy with respect to any dissatisfaction with (i) Swowbi.com, (ii) any term of these Terms, (iii) any policy or practice of EaseRead in operating Swowbi.com, or (iv) any content or information transmitted through Swowbi.com, is to cancel Your account and stop using the Platform. You may cancel Your Account at any time through Swowbi.com by logging into the Site or the App and going to Your account settings or by sending an email to us at contact@ Swowbi.com requesting a cancellation of your account. You may terminate these Terms at any time by canceling Your account and discontinuing use of Swowbi.com
12.3 Effect of Cancellation or Termination. Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions, will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”
13. Ownership; Proprietary Rights.
Swowbi.com is owned and operated by EaseRead. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of Swowbi.com provided by EaseRead (the “Materials”) are protected by Nigerian copyright, trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. EaseRead acknowledges that You retain ownership of any User Comments You may post via Swowbi.com, subject however to Your grant to EaseRead of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of Swowbi.com. All Materials contained on Swowbi.com and any EaseRead Platform are the property of EaseRead or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to EaseRead or its affiliates and/or third-party licensors. Except as expressly authorized by EaseRead, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Swowbi.com. EaseRead reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold EaseRead, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Swowbi.com, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. EaseRead reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify EaseRead, and You agree to cooperate with EaseRead’s defense of these claims. EaseRead will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EASEREAD, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EASEREAD OR THROUGH THE EASEREAD PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM EASEREAD INCLUDES EASEREAD’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
16. Limitation of Liability and Damages.
16.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL EASEREAD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON SWOWBI.COM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH EASEREAD, EVEN IF EASEREAD OR A EASEREAD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF EASEREAD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE EASEREAD PLATFORM OR YOUR INTERACTION WITH OTHER EASEREAD PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EASEREAD PLATFORM DURING THE Two (2) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED Naira, WHICHEVER IS Lesser.
16.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN EASEREAD AND RECEIVED THROUGH OR ADVERTISED ON SWOWBI.COM OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT EASEREAD HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EASEREAD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EASEREAD. EASEREAD WOULD NOT BE ABLE TO PROVIDE THE EASEREAD PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law.
17. Dispute Resolution.
17.1 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
17.2 Agreement to Arbitrate.
Parties (You and EaseRead) agree to be bound to first explore amicable settlement of all disputes arising from this contract before any recourse to arbitration or other means of dispute resolution allowed under this Agreement.
17.2 Where after 4 (Four) weeks the Parties hereto have been unable to amicably resolve any dispute arising as aforesaid, then the dispute shall be resolved through final and binding arbitration as indicated hereunder:
17.2.1 The Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federal Republic of Nigeria 2004;
17.2.2 The Arbitration shall be conducted by a Sole Arbitrator;
17.2.3 If within 2 (Two) weeks the parties have not reached an agreement on the choice of a Sole Arbitrator, the Sole Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators (Nigeria Branch) who shall appoint the sole arbitrator as promptly as possible;
17.2.4 Unless otherwise agreed by the parties, the place of arbitration shall be Lagos, Nigeria and the arbitration proceedings shall be conducted in English;
17.2.5 The award of the arbitral panel shall be final and binding and same may be entered and enforced by any Court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
17.2.6 Any party to the dispute may apply to a Court for interim measures prior to the constitution of the arbitral tribunal (and thereafter as necessary to enforce the tribunal’s ruling); or in the absence of the jurisdiction of the arbitral tribunal to rule on interim measures in a given jurisdiction.
13.2.8 The parties agree that seeking and obtaining such interim measures shall not waive the right to arbitration. The Sole Arbitrator or the presiding arbitrator (in an emergency) may grant interim measures and other preservative orders which measures may be immediately enforced by a court order.
13.2.9 Where efforts by either party to resolve dispute by arbitration is ineffective, either party may file an action in any Court of competent jurisdiction.
Notwithstanding the provisions of the “Modification of these Terms” section above, if EaseRead changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email contact@EaseRead.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of EaseRead’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and EaseRead in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
EaseRead may provide You with notices, including those regarding changes to EaseRead’s terms and conditions, by email, regular mail, or postings on the EaseRead Platform. Notice will be deemed given twenty-four hours after email is sent, unless EaseRead is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the EaseRead Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Swowbi.com is deemed given ten days following the initial posting.
The failure of EaseRead to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by EaseRead.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by EaseRead without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) and any subsequent changes by EaseRead, are the entire agreement between You and EaseRead relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by EaseRead as set forth in section 5 above.
YOU AND EASEREAD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SWOWBI.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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