These terms of service (“Terms”) govern your entry and participation in the pre-registration and the Creator Program (the “Program”). The influencer (“You”, “Your”) agrees to be bound by these terms as the Influencer Agreement between You and Busha Digital Limited.
Introduction
- In line with legal, regulatory, and operational requirements, we have provided these Terms of Use to guide your use of the Creators Program page and the provision of contents under the program.
- By completing the application form and checking the box indicating acceptance of these Terms of Use, you voluntarily agree to be bound by the Terms. You are therefore advised to read these Terms carefully before accepting them.
- We shall make changes to these Terms of Use from time to time with or without notice to you. Ensure to always check the Creators Program page for updates to these Terms of Use.
Eligibility
- You must be at least 18 years old.
- Have a dedicated social media page with engagement.
- Be able to create good content. (Text, Reels, Pictures, Shorts)
Our Obligations To You
- Review the submitted application form and communicate acceptance or rejection of the same.
- Review all content provided by you before posting it to ensure that it meets our acceptable content policy.
- Process your personal data in accordance with applicable laws and regulations in Nigeria.
- Promptly pay for your provision of content upon completion of review and acceptance of the contents.
Your Obligations To Busha
- Complete the application form and await approval of your application.
- Provide contents that are legally acceptable under all applicable laws both locally and internationally without violating the rights of any person.
- Use reasonable professional efforts to develop content that can advance Busha’s business and not destroy Busha’s reputation or goodwill.
- Share only content originally made by You and not stolen content.
Compensation
Busha shall have sole discretion in determining the payment amount and schedule. All payments will be made on a monthly basis, and the compensation plan will be shared with selected influencers upon their selection.
Intellectual Property Rights
All intellectual property rights in the contents, including videos, photographs, captions, designs, graphics, sound and video recordings, animations, and other materials, provided by You under the Creators Program shall be rightfully owned exclusively by Busha globally and in perpetuity.
Indemnification
- You represent and warrant that you have the legal capacity and authority to create content for the Creators Program and that all the content you create in furtherance of this program shall be generated by you with no encumbrance as to the intellectual property. In the event that you misrepresent your legal capacity, ownership, authorship, or authority to provide content for use under the Creators Program, You agree to indemnify us or our service providers against any losses, claims, or actions arising out of such misrepresentations.
- You grant Busha an irrevocable, non-exclusive, worldwide, transferable, assignable, sublicensable, fully paid-up, royalty-free, and perpetual right to use, adapt, integrate, transmit, transfer, modify, store, copy, and display your contents, in whole or in part, in any form, and across any media formats and channels (whether known or developed in the future).
Limitations of Liability
- You agree to not use the Creators Program or publish content that could harm Busha’s reputation and goodwill. Where this occurs, you agree to be held liable.
- You or Busha shall not be liable, whether based on contract or tort (including negligence), for incidental, consequential, special, punitive, or indirect damages of any kind (including loss of revenue or profits, loss of business, loss of information or data, or other financial loss) arising out of or in connection with the provision and use of your content under the Creators Program.
- Busha’s liability shall at all times be limited to the fullest extent permissible under the law.
Termination
Busha reserves the right to terminate your access to the Creators Program at any time for convenience or under any of the following circumstances by giving you 15 (Fifteen) days' notice in writing:
- If you default, fail to adhere, or violate any of these Terms of Use.
- If you misuse or abuse your use of the Creators Program or expose us to legal liability.
- If you breach any applicable local, state, provincial, national, or other laws, rules, or regulations while using the Services.
Dispute Resolution
- Where any dispute, claim, or controversy arises under these terms of use, you agree to explore an amicable settlement with us and only proceed to mediation where an amicable settlement fails after 30 (Thirty) days of trying to resolve the dispute.
- The mediation proceedings shall be conducted online and the language of mediation proceedings shall be English. The outcome of the mediation, if successful, shall be reduced into writing and registered as a consent judgment at a Court of competent jurisdiction in Nigeria and shall remain final and binding.
- By consenting to these terms of use, you agree to institute dispute resolution proceedings on an individual basis and not as a representative action, collectively, consolidated, or instituted as a class action. Hence, you waive all rights to institute any class action against us or any of our affiliates, employees, parent company, or subsidiaries in relation to your use of our services now and in the future.
Severability
Where a Court of competent jurisdiction finds any part of these Terms of Use and other related agreements to be invalid, or ambiguous, you agree that the remaining part of these Terms of Use not deemed invalid shall remain enforceable, and where possible, the Court should proceed to give meaning to the invalid provisions based on the intentions of parties in line with this Terms of Use
Entire Agreement
These Terms of Use, our privacy policies, and other related agreements signed directly between you and Busha shall constitute the entire agreement binding both parties.
Feedback
When you share feedback with us in the form of responses to surveys, questionnaires, comments, or suggestions, we shall use them judiciously. However, we will not compensate you for any feedback received from you, and upon sharing it with us, you automatically grant us the right to use the Feedback without any restriction.
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