ProjectStoc.com is an Africa focused online academic research portal and library (owned and operated by ProjectStoc Ltd (hereinafter referred to as "ProjectStoc") -- consisting of web sites, mobile platform & applications, academic research services, software applications and networks -- that allows for the authorized upload, download, sharing, outsourcing and distribution of written digital academic and literary content over the internet (the "ProjectStoc Platform"). Terms for "ProjectStoc" and the "ProjectStoc Platform" apply to any site or mobile application owned and operated by ProjectStoc Ltd, including ProjectStoc.com, ProjectStoc mobile applications and any other ProjectStoc owned platform.
The ProjectStoc Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the ProjectStoc Platform by ProjectStoc. If you are using or opening an account on the ProjectStoc Platform 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 DOWNLOADING, INSTALLING OR OTHERWISE USING THE ProjectStoc PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the ProjectStoc Platform is not intended for children under 13.
Users who utilize ProjectStoc's Developer Platform or any of ProjectStoc's APIs are bound by the API terms of service. The ProjectStoc API Terms are hereby incorporated into these Terms by reference.
Users who utilize ProjectStoc's program to buy or sell User Content through the ProjectStoc Platform (the "ProjectStoc Store") are bound by the ProjectStoc Store Terms. The ProjectStoc Store Terms are hereby incorporated into these Terms by reference.
3. Individual Features and Services.
When using the ProjectStoc Platform, 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. Modification of these Terms.
ProjectStoc reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the ProjectStoc Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the ProjectStoc Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. Copyright Act.
Please note that since we respect authors' and content holders' rights, it is ProjectStoc's policy to respond to notices of alleged infringement that comply with the Nigerian Copyright Act (NCA). For more information, please go to ProjectStoc's NCA Notification Guidelines. Please note that ProjectStoc will promptly terminate without notice any User's access to the ProjectStoc Platform if that User is determined by ProjectStoc to be a "repeat infringer". A repeat infringer is a User who has been notified by ProjectStoc of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the ProjectStoc Platform more than twice.
6 Prevention of Unauthorized Use.
ProjectStoc reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the ProjectStoc Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. Freelance Research and Outsourcing Terms
See the Freelance Researcher Terms and Research Outsourcing Terms for users who use the ProjectStoc platform to outsource academic research jobs.
8. ProjectStoc Content Disclaimer.
You understand that when using the ProjectStoc Platform You will be exposed to User Content from a variety of sources, and that ProjectStoc is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User 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 ProjectStoc with respect thereto. ProjectStoc does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and ProjectStoc expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, ProjectStoc may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, ProjectStoc does not permit copyright infringing activities on the ProjectStoc Platform.
9. Prohibited Conduct.
BY USING THE ProjectStoc PLATFORM YOU AGREE NOT TO:
9.1 use the ProjectStoc Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the ProjectStoc Platform as such services are offered by ProjectStoc;
9.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
9.4 post, upload, or distribute any User Content 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 the ProjectStoc Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the ProjectStoc Platform, or perform any other similar fraudulent activity;
9.6 delete the copyright or other proprietary rights on the ProjectStoc Platform or User Content;
9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the ProjectStoc Platform. 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 ProjectStoc Platform 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 ProjectStoc Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 use the ProjectStoc Platform if You are under the age of thirteen (13) years old;
9.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the ProjectStoc Platform or User Content, features that prevent or restrict use or copying of any content accessible through the ProjectStoc Platform, or features that enforce limitations on the use of the ProjectStoc Platform or User Content;
9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the ProjectStoc Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.13 modify, adapt, translate or create derivative works based upon the ProjectStoc Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.14 intentionally interfere with or damage operation of the ProjectStoc Platform or any user's enjoyment of them, 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 the ProjectStoc Platform for any purpose or bypass any measures ProjectStoc may use to prevent or restrict access to the ProjectStoc Platform;
9.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the ProjectStoc Platform;
9.18 interfere with or disrupt the ProjectStoc Platform or servers or networks connected to the ProjectStoc Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the ProjectStoc 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 commercial content that in ProjectStoc's sole opinion detracts from the ProjectStoc experience.
When You use the ProjectStoc Platform to upload and/or download content or any products, services, or information from ProjectStoc, You may be asked to provide a username and 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 ProjectStoc 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 ProjectStoc. You may be liable for the losses incurred by ProjectStoc or others due to any unauthorized use of Your ProjectStoc Platform account.
11. Third-Party Sites, Products and Services; Links.
The ProjectStoc Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Unless otherwise expressly stated by ProjectStoc, ProjectStoc 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 the ProjectStoc Platform 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.
You agree that ProjectStoc, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with ProjectStoc or Your use of the ProjectStoc Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. ProjectStoc may also in its sole discretion and at any time discontinue providing access to the ProjectStoc Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the ProjectStoc Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that ProjectStoc 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 ProjectStoc may have at law or in equity. As discussed herein, ProjectStoc does not permit copyright infringing activities on the ProjectStoc Platform, and will terminate access to the ProjectStoc Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the ProjectStoc Platform, (ii) any term of these Terms, (iii) any policy or practice of ProjectStoc in operating the ProjectStoc Platform, or (iv) any content or information transmitted through the ProjectStoc Platform, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the ProjectStoc Platform.
12.3 User Content.
Subject to Section 7 above and the ProjectStoc Store Terms, upon termination of these Terms by You or ProjectStoc, ProjectStoc will discontinue prospective hosting and distribution of Your User Content.
13. Ownership; Proprietary Rights.
The ProjectStoc Platform is owned and operated by ProjectStoc Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the ProjectStoc Platform provided by ProjectStoc (the "Materials") are protected by Federal Republic of Nigeria copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the ProjectStoc Platform are the property of ProjectStoc or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ProjectStoc or its affiliates and/or third-party licensors. Except as expressly authorized by ProjectStoc, 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 the ProjectStoc Platform. ProjectStoc reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold ProjectStoc, 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 the ProjectStoc Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. ProjectStoc reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify ProjectStoc, and You agree to cooperate with ProjectStoc's defense of these claims. ProjectStoc will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
15.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ProjectStoc, 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 ProjectStoc OR THROUGH THE ProjectStoc PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 15, THE TERM ProjectStoc INCLUDES ProjectStoc'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
15.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE ProjectStoc PLATFORM IS AT YOUR SOLE RISK. THE ProjectStoc PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING ACADEMIC AND LITERARY CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ProjectStoc PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
15.3 Platform Operation and User Content.
ProjectStoc, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ProjectStoc PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ProjectStoc, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ProjectStoc PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
15.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE ProjectStoc PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
15.6 Uploaded Content.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY ProjectStoc HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
16. Limitation of Liability and Damages.
16.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ProjectStoc 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 (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE ProjectStoc PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ProjectStoc, EVEN IF ProjectStoc OR AN ProjectStoc AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF ProjectStoc 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 ProjectStoc PLATFORM OR YOUR INTERACTION WITH OTHER ProjectStoc PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ProjectStoc PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIVE THOUSAND NAIRA, WHICHEVER IS GREATER.
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 ProjectStoc AND RECEIVED THROUGH OR ADVERTISED ON THE ProjectStoc PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT ProjectStoc 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 ProjectStoc, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ProjectStoc. ProjectStoc WOULD NOT BE ABLE TO PROVIDE THE ProjectStoc PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
ProjectStoc may provide You with notices, including those regarding changes to ProjectStoc's terms and conditions, by email, regular mail, or postings on the ProjectStoc Platform. Notice will be deemed given twenty-four hours after email is sent, unless ProjectStoc 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 ProjectStoc Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the ProjectStoc Platform is deemed given ten days following the initial posting.
The failure of ProjectStoc 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 ProjectStoc.
17.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of Enugu, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or ProjectStoc will be filed only in the state or federal courts in and for Enugu, Enugu State and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
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 ProjectStoc 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 6-17.
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.
17.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and ProjectStoc 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 ProjectStoc as set forth in section 4 above.
YOU AND ProjectStoc AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ProjectStoc PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by ProjectStoc (Pejas Solutions Ltd)., located at: ProjectStoc.com, 1 Nawfia/Umuawulu Street, Independence Layout, Enugu, and email: [email protected]