HafrikPlay Terms of Service
Effective Date: October 1, 2023

This HafrikPlay Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use that are incorporated herein by reference and may be posted and applicable to specific services, governs your use of HafrikPlay and any HafrikPlay platform (“Platform”) specifically, including but not limited to the HafrikPlay mobile application. This is a LEGALLY BINDING CONTRACT, and is referred to throughout as the “Agreement.’

By opening the HafrikPlay app and using any content, products, or services provided to you on, from, or through the HafrikPlay Platform (collectively the “Services”), you are signifying that you have read the Agreement, that you understand the Agreement, and that you agree to be bound by all of the terms of the Agreement.

If you don’t completely agree with the terms of the agreement, but still use any HafrikPlay Service or Platform, you will still be bound to the terms of the agreement.

HafrikPlay may modify this agreement at any time without any prior notice to you and said modifications may become effective immediately upon their posting to the website. Your continued use of any HafrikPlay service or platform following a modification to this agreement indicates your acceptance of the agreement, and you agree to be bound by any such modification. If you are dissatisfied with anything related to the HafrikPlay service or platform, your sole remedy is to discontinue the use of said service or platform. You use any HafrikPlay service or platform at your own risk.

Services: Terms of Use

The Agreement applies to all users of any HafrikPlay Service or Platform, including users who contribute content. “Content” includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may contribute to any HafrikPlay Service or Platform. This includes all aspects of HafrikPlay, including but not limited to, all products, software, and services offered via the HafrikPlay mobile app.

HafrikPlay may change, suspend, or discontinue all or any aspect of any Service or Platform at any time, including the availability of any feature, database, or content, without prior notice or liability.

HafrikPlay may contain links to third-party websites. By using any HafrikPlay Service or Platform, you expressly relieve HafrikPlay from any and all liability arising from your use of any third-party website.

Acceptable Use of the Service—User Responsibility

You agree while using any HafrikPlay service or platform that you may not:

1. Distribute an illegal or unauthorized copy of another person’s trademarked or copyrighted work.
2. Alter or modify any part of the services.
3. Alter or modify any part of the platform.
4. Use the services for any illegal purpose.
5. Use the platform for any illegal purpose.
6. Use any spider, reader, site search application, or other device to retrieve or index any portion of the service or platform, with the exception of major public search engines.
7. Transmit any viruses, worms, spam, malware, or other items of a destructive nature.
8. Upload any content that includes code hidden or otherwise contained within the content that is unrelated to the content.
9. Reformat or frame any portion of any web page that is part of the service or platform.
10. Collect or harvest any personally identifiable information or account names, or solicit users.
11. Impersonate another person or artist.
12. Violate or attempt to violate HafrikPlay systems or interfere with the normal use of the service or platform by users.
13. Post advertisements, promotions, or solicitations.
14. Submit any content that falsely implies sponsorship of the content by the service or platform, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading.
15. Post any links to any external Internet sites that contain obscene or sexually explicit material of any kind.
16. Sell, transfer, or offer to sell or transfer a HafrikPlay account to a third party without prior written approval from HafrikPlay.
17. Artificially increase play counts or other statistics through the use of bots, pay-for-play services, or other means.

HafrikPlay Accounts

To access or benefit from some of the HafrikPlay services or platforms, you will have to create an HafrikPlay account. You are responsible for maintaining the confidentiality of your access information and for all activities that occur utilizing your information. Although HafrikPlay will not be liable for any losses you might suffer, you may be liable for the losses of HafrikPlay or others.

User Content and Conduct

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content: You will comply with laws regarding the transmission of data.

Content is provided to you as is. You understand that when using any HafrikPlay service or platform, you will be exposed to content from many different sources and that HafrikPlay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of 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 HafrikPlay, with respect to the extent permitted by law. You agree to indemnify and hold harmless HafrikPlay, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the service or platform. You acknowledge that your use of the content is at your sole risk.

You shall be solely responsible for your content and the consequences of storing and distributing it on the HafrikPlay service or on any HafrikPlay platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute content through the HafrikPlay Service or on any HafrikPlay Platform, and you license to HafrikPlay all patent, trademark, copyright, or other proprietary rights for distribution on any HafrikPlay Service or Platform pursuant to the Agreement.

For clarity, you retain all of your ownership rights to your content. However, by distributing content through HafrikPlay, you grant HafrikPlay a non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform uploaded content of any kind (including but not limited to audio files, cover art, and metadata) in connection with any HafrikPlay service, platform, promotional materials (including but not limited to marketing communications and app store listings), and HafrikPlay’s (including but not limited to its successors and affiliates) business. By accepting these terms and uploading your content, you agree and understand that these materials will be made available to iOS and Android app users who select to store your material on their devices for the purpose of offline play. As a reminder, you cannot upload any third-party content that infringes on third-party intellectual property or copyrights, and you cannot make any material available for which you are not the authorized copyright holder. You will not use HafrikPlay to upload or distribute any content that is abusive, libelous, defamatory, pornographic, or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred, or is otherwise objectionable in HafrikPlay’s reasonable discretion.

HafrikPlay will respond to any and all takedown requests that comply with the requirements of the applicable intellectual property laws. To file a copyright infringement notification with us, you will need to send a written or electronic communication to HafrikPlay at the email address Info@hafrikplay.com.

You understand and agree that HafrikPlay reserves the right to delete, move, or edit any content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services without prior notice and at its sole discretion.

You control your data through your account and/or cookies, which may be placed on your computer. HafrikPlay maintains multiple copies of active files. HafrikPlay bears no responsibility for maintaining your data.

HafrikPlay is not a data warehousing website. The intended use is for active file sharing, which may inadvertently result in backups of files being shared.

Any views expressed on the website do not reflect the views of HafrikPlay.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HAFRIKPLAY, ITS OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

NEITHER HAFRIKPLAY NOR ANY PROVIDER OF ANY THIRD-PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT.

NEITHER HAFRIKPLAY NOR ANY THIRD PARTY WARRANT OR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH ANY HAFRIKPLAY SERVICE OR PLATFORM WILL BE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISKS AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OF THE CONTENT. HAFRIKPLAY IS NOT RESPONSIBLE FOR UNAUTHORIZED OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

HAFRIKPLAY DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND HAFRIKPLAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

NEITHER HAFRIKPLAY NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAFRIKPLAY AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN HAFRIKPLAY AND YOU. IN STATES OR COUNTRIES NOT ALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, HAFRIKPLAY AND ANY THIRD-PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

Indemnification:

You agree to indemnify, defend, and hold HafrikPlay and its affiliates and their respective officers, owners, employees, agents, information providers, and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs, and expenses, including attorney’s fees, incurred by any HafrikPlay Party in connection with any content or use of any HafrikPlay Service or Platform, whether via your password and by any other person, whether or not authorized by you. This defense and indemnification obligation will survive these terms of service and your use of the services.

General Terms and Conditions

The agreement shall be construed in accordance with the laws of the Federal Republic of Nigeria, without reference to principles of choice of law. You and HafrikPlay each irrevocably consent to

the personal jurisdiction of the federal or state courts located in Nigeria (“Courts”) with respect to any action, suit, or proceeding arising out of or related to the Agreement or to the Services and/or content and waive any objection to venue in any of the Courts for such action, suit, or proceeding; additionally, you agree that you will not bring any such action, suit, or proceeding in any court other than the Courts.

These Terms of Service, together with the Privacy Policy and any other legal notices published by HafrikPlay on any HafrikPlay Service, Platform, or within the Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the agreement and any additional terms and conditions posted on any HafrikPlay service or platform, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall be controlled.

Please e-mail reports of any violations to info@hafrikplay.com.