The Terms and Conditions of Use of Service “Terms & Conditions” or “Agreement” (as the context so permits) apply to all users and visitors of VERTCH, including users who contribute material. “Material” includes text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may contribute to VERTCH.
VERTCH at all times include www.vertch.com but not limited to, all products, software and services offered via the VERTCH website and application. There shall be reference to an Administrator who shall moderate the users and visitors of VERTCH. VERTCH may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.
Acceptance of Terms
VERTCH is an all in one entertainment service including but not limited to audio hosting and streaming service, where users may have access to content of the website. VERTCH provides the access to you, subject to the following Terms & Conditions, which may be updated from time to time without notice to you.
Your use of the Service constitutes acceptance of these Terms and Conditions and creates a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to use VERTCH. Any reference to us, our, we or similar words shall refer to VERTCH and its affiliates thereto.
Unless otherwise indicated, all Site materials, including, without limitation, the Site logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. Users are not allowed to use or electronically copy and print to hard copy portions of this Site without the permission of the Administrator including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance without the prior written permission of the Administrator is strictly prohibited.
Materials posted on the website by the Administrator remain the owners of the composers, creators and artist. The Administrator warrants that it has received permission of the owners before any such music or copyrighted material is placed on the website.
Users agree that they own the copyright to the material posted on their respective profile. Where they do not own such rights, users agree to indemnify the site from any cost, expenses, litigation, claims, and damages or otherwise that may arise from the user’s act of uploading.
Users agree that the Administrator reserves a right to remove any infringing material from the site without first seeking the permission of the User who uploaded. Further to this removal, the Administrator reserves the right to proceed against the User either to make a claim for refund of any cost the Administrator may have incurred as a result of the infringing material or issue warnings or limit user access to VERTCH.
Member Account, Password, and Security
VERTCH may require Users to open an account where User wants to enjoy the full benefit of VERTCH. User must complete the registration process by providing VERTCH with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account.
Furthermore, User is entirely responsible for any and all activities that occur under User’s account.
User agrees to notify VERTCH immediately of any unauthorized use of User’s account or any other breach of security. VERTCH will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge.
User could be held liable for losses incurred by VERTCH or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
Disclaimer of Warranty and Limitation of Liability
User expressly agrees that use of VERTCH is at user’s sole risk. VERTCH, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that VERTCH will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of VERTCH or as to the accuracy, reliability or content of any information, service, or merchandise provided through VERTCH.
VERTCH is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that VERTCH is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will VERTCH, or any person or entity involved in creating, producing or distributing VERTCH software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use VERTCH. User hereby acknowledges that the provisions of this section shall apply to all material on VERTCH.
In addition to the terms set forth above neither, VERTCH, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within VERTCH, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
When you visit our VERTCH, our server sends your computer a “cookie.” This cookie is a small packet of information that identifies you as a user of our service. Cookies save you time by retaining your information which has been supplied at previous visits to our site. Cookies do not deliver viruses, and can only be read by the server that sent you the cookie.
You have the ability to accept or decline cookies by modifying the settings in your browser. Please bear in mind however, that you may not be able to use all the features of our site if cookies are disabled.
We may use third-party cookies as part of remarketing activities to help provide you with relevant promotional offers as you use the Internet. As part of these remarketing activities, these third-party cookies may record your visits to VERTCH and Web sites visited prior to using VERTCH.
Such cookies can then be used to serve advertisements to you on other Web sites. You may choose to be exempt yourself from the use of these cookies by adjusting your cookie settings on your browser. Opting out will not prevent advertisements from being served to you on the Internet; it will only affect advertisements that utilize remarketing cookies to serve advertisements on the specified advertising networks. We are not responsible for the activities of other parties that may not comply with your opt-out requests.
General Provisions and Agreed Terms
Binding Agreement – This Terms & Condition shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Choice of law and Forum – This Agreement and the relationship between you and VERTCH shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions or your actual state or country of residence at the time of using our service. You hereby irrevocably submit to the personal jurisdiction and venue of the federal and state courts serving in Lagos State, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.
Severability and Waiver – If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
Survival – Unless otherwise explicitly stated, the provisions of this Agreement will survive the expiration or deletion of your account or the Content for any reason.
No Partnership – The parties agree that the relationship created by use of VERTCH shall be of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.
Entire Agreement – This Agreement, accepted upon clicking “I Agree,” contains the entire agreement between you and VERTCH regarding the use of VERTCH, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of VERTCH or these Terms & Conditions that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.
Third Party Rights – This Agreement does not create, and shall not be construed as creating, any rights or interests enforceable by any person not a party to this Agreement. This Agreement is not intended to be for the benefit of any third party and shall not confer upon any third party any right, privilege, remedy, claim or other right.
Admissibility of this Agreement – A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.