Terms of Service
Last updated: December 10, 2024
Relationship Between Parties
These Terms of Service apply to the Osiọbe mobile app (hereinafter referred to as the "Platform") and any and all of its associated websites, applications, software, titles, content, products and services (hereinafter referred to as the "Services") both of which are owned and operated by Osiobe Publishing, LLC (hereinafter referred to as "Osiọbe", "we", "us" or "our").
These Terms Of Service ("Terms") define specific agreements and conditions under which an individual or an authorized representative of a business or other entity with the express authority to bind said business or entity to these Terms (hereinafter referred to as the "User", "you" or "your") may access or use our Platform or Services. Access to and use of our Platform or Services is provided to the User for personal, non-commercial use.
These Terms constitute a legally binding agreement between you and us. It is important that you read these terms carefully and understand them. Please note that the Platform and its Services are provided only for Users who are 18 years of age and older.
Acceptance of the Terms
By accessing or using our Platform and/or Services, you are declaring the following:
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You are able and/or authorized to form a binding contract with Osiọbe
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You accept these Terms and agree to comply with them.
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You understand that these Terms of Service, our Privacy Policy and our Community Guidelines are parts of the collective Terms and Conditions (hereinafter referred to as our "Terms & Conditions") which you must accept and comply with in order to access or use our Platform or Services and therefore understand that accepting these Terms means you also explicitly accept our Privacy Policy and Community Guidelines
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You understand and agree that we will consider your accessing or using our Platform or Services as express acceptance of the collective Terms & Conditions
All Terms & Conditions are available on the Platform and in the app stores where the Platform is made available for download. You may print or save digital copies of these Terms and the collective Terms & Conditions for your records.
Changes to the Terms
We make changes to these Terms as the need arises in the course of doing business, and we will make reasonable efforts to notify you of such changes when they occur. Nonetheless, Users should review the collective Terms & Conditions frequently for changes. We will post the date of the most recent or last update at the top of the page, directly under the document title, to assist Users in keeping track of such changes. Note that the date of the last change to the Terms is also the effective date of said changes.
If you disagree with any changes to the Terms and do not wish to abide by the updated Terms, you must stop accessing and/or using the Platform and our Services.
Intellectual Property (IP) Rights
You understand that the content and other Services provided on our Platform are protected by the intellectual property rights of the authors and/or Osiọbe. You agree to respect these rights, and you understand that any violations of these intellectual property rights, including but not limited to unauthorized use, reproduction, copying or distribution, will be subject to criminal prosecution with serious legal and financial consequences.
Your User Account on Osiọbe
To access or use our Platform and/or Services, you must create a user account with us. In creating this account, you must first declare your age. Our Platform and Services are strictly intended for users aged 18 years and older. Therefore, you agree that your declaration of your age when creating a user account with us is accurate and hold us harmless legally, financially and otherwise in the case of you declaring your age incorrectly.
In creating a user account with us, you must also provide the following:
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A working phone number which will be associated with your user account
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An email address which will be used to send you important information regarding your user account and activity on the Platform
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A username with which you will be identified on the Platform
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A password which you must keep confidential and not share with any third party. Note that we will never ask you for your password under any circumstances
We do not require or request your full legal name to create a user account with us. However, your name and payment information may be requested when you purchase Services on the Platform.
To ensure effective and timely communication as well as delivery of vital information, including but not limited to receipts and important updates, you must ensure that your information with us is accurate and up to date. We will not be responsible for missed communications or any other errors as a result of the information you provide us.
You additionally agree to take full and complete responsibility (to us and to others) for any and all activity that occurs on your user account with us.
We reserve the right to restrict, deactivate or delete your user account at any time. Some reasons we may exercise this right include, but are not limited to, the following:
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Failure to comply with any of our collective Terms & Conditions
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Activities occurring on your account which we believe could compromise or negatively impact our Platform or Services in any way
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Activities occurring on your account which may infringe upon or violate the rights of a third-party
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Activities occurring on your account which may violate any applicable laws or regulations
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Repeated violations of the Community Guidelines
Closing Your User Account
If you decide at any point to cease accessing or using our Platform or Services, you can easily close your user account by going to Options > Account > Close Account within the app and follow the prompts. Closing your user account will immediately and irretrievably delete all rewards, purchases, messages, content, information, etc. associated with said account.
Restrictions While Using or Accessing Our Platform and/or Services
By accessing and/or using our Platform and/or Services, you are expressly agreeing to these Terms, our Terms & Conditions, and all applicable laws and regulations. You understand that to use or access our Platform and/or our Services, the following restrictions apply, and you explicitly agree to abide by these restrictions:
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You are not permitted to access or use our Platform or Services if you are not at least 18 years of age
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You are not permitted to access or use our Platform or Services if you are not legally capable of agreeing to our Terms & Conditions
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You are not permitted to copy, modify, adapt, translate, reverse engineer, deconstruct, decompile or create any derivative works of the Platform, our Services, algorithms, source code, or any content associated with the Platform and our Services
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You are not permitted (whether in whole or in part) to sell, distribute, license, or transfer any part of our Platform, Services or any works derived from the same
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You are not permitted to use any part of our Platform or Services for any purposes of commercial solicitation, or to market, rent or lease our Platform or Services
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You are not permitted to use our Platform or Services, without our express written consent, for any purposes, commercial or otherwise, other than for the purposes expressly stated in our Term & Conditions
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You are not permitted to interfere with, compromise or attempt to interfere with or compromise in any way the proper working of our Platform or our Services. This includes, but is not limited to the use of harmful or malicious technology (viruses, trojan horses, malware, worms, logic bombs, etc.) to attack our Platform or Services
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You are not permitted to circumvent or attempt to circumvent any measures we may employ in limiting or gatekeeping access to our Platform or our Services
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You are not permitted to use automated scripts or any other devices or methods to collect information from or otherwise interact with our Platform or Services
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You are not permitted to impersonate others on the Platform, or access or attempt to access other user's account(s) or device(s) without their express written permission
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You are not permitted to use our Platform or Services in any way that could create a conflict of interest or undermine the purposes of our Platform or Services. This includes, but is not limited to the following:
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Posting false or misleading comments about our Services or content on our Platform
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Posting unsolicited information of any kind unrelated to the content on our Platform
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Posting recommendations, comments or materials which you are not qualified or licensed to offer
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Posting any solicitations, advertising, promotions or marketing which has not been expressly approved in writing by us
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Posting any comments or materials constituting, promoting or inciting harmful or criminal acts
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Spamming users by DMs (Direct Messages) or spamming the comments sections
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Posting comments or materials which, in the sole discretion of Osiọbe, is problematic or inappropriate for our Platform
Also see our Community Guidelines for additional restrictions to use and access of our Platform and Services.
Indemnity
You agree to defend, indemnify, and hold harmless Osiọbe, its parent entities, subsidiaries, and affiliates, as well as each of the respective officers, directors, employees, contractors, consultants, agents and advisors of all of the aforementioned from any and all claims, liabilities, costs and expenses, legal, financial and otherwise, resulting from a breach of the Terms & Conditions or your obligations under the Terms & Conditions by you or by any user of your user account.
Exclusion of Warranties
Nothing in these Terms shall affect any statutory rights which you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
Our Platform and Services are provided "as is" and we make no warranty or representation to you regarding them. We especially DO NOT represent or warrant to you the following:
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Any information you acquire from accessing or using our Platform or Services will be factual, accurate or reliable
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Any views and opinions expressed in the content on our Platform are necessarily views and opinions we hold, support or agree with
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Your use of our Platform or Services will meet your own standards, expectations or requirements
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Your access to and/or use of our Platform or Services will be error-free, uninterrupted, timely, or secure
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Failures in the functioning or performance of any software provided to you as part of our Platform and/or Services will be fixed or rectified
No conditions, warranties or other terms, including but not limited to any implied terms as to satisfactory quality, fitness for purpose or conformance with description, apply to the Platform or Services except to the extent that they are expressly defined in the Terms & Conditions. We reserve the right to limit, modify, interrupt or discontinue all or any part of our Platform and/or Services at any time, without notice and without reason.
Limitation of Liability
Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Nonetheless, we shall not be liable to you for the following:
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Any direct or indirect loss of data, profit, opportunity or goodwill
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Any indirect or ensuing losses which may be incurred by you. Any other loss will be limited to the amount paid by you to Osiọbe within the last 365 days.
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Any loss or damage you may incur as a result of any changes, cancellations or interruptions we may make to any part of our Platform or Services
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Any loss or damage you may incur as a result of the removal or failure to retain content or data maintained or transmitted as a result of your access or use of our Platform or Services
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Any loss or damage you may incur as a result of your failure to provide us with accurate account information or to keep your login credentials or other account details secure and confidential
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Any loss or damage you may incur as a result of any confidence you attribute to the comprehensiveness, accuracy or truth of any advertising or promises, or to any relationship or transaction between you and any advertiser or sponsor whose advertising appears on our Platform or Services
You understand that our Platform and Services are provided for private, domestic use, and you agree not to use our Platform or Services for any commercial or business purposes. You also understand and agree that we have no liability to you for any loss of profit, business, goodwill, business reputation, or business opportunity.
Should our failure to apply reasonable care and expertise in delivering any part of our Platform or Services to you result in damage to your device or software, we will repair the damage or compensate you for said damage. We will however not be liable for any damage resulting from your failure to install free updates, correctly follow installation instructions, or maintain minimum system requirements.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our Platform or Services, including text-messaging and data charges. For clarification, check with your service provider before using our Platform or Services.
To the fullest extent permitted by law, any dispute you have with any third party as a result of your access or use of our Platform or Services, including but not limited to, any carrier, copyright owner or other user, is directly between you and said third party, and you irrevocably release us and our affiliates from any and all actual and consequential claims, demands and damages of every kind related to disputes of this nature.
Additional Terms
Open Source: Our Platform and Services contain certain open-source software. Each item of open-source software is subject to its own applicable license terms.
Entire Agreement: These Terms & Conditions constitute the whole legal agreement between you and Osiọbe and govern your access to and use of our Platform and Services and completely replace any prior agreements between you and Osiọbe in relation to the Platform and Services.
Links: You may link to our Platform, website or Services, as long as you do so in a fair and legal manner which does not exploit or compromise our reputation. Nonetheless, we reserve the right to withdraw this permission to link to our Platform or Services without reason or notice. You are NOT permitted to:
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Establish a link in any way that suggests any kind of affiliation or endorsement by us where none exists.
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Establish a link to our Platform or Services on any website not owned by you. The website on which you establish a link must fully comply with the terms defined in item 7 above (Restrictions While Using or Accessing Our Platform and/or Services).
No Waiver: Our failure to insist upon or enforce any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Security: We do not guarantee that our Platform or Services will be secure or free from bugs, glitches or malware. You are solely responsible for setting up your own hardware, software and malware/antivirus protection to access our Platform and Services.
Severability: If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
California Consumer Rights Notice: Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
Exports: You agree that you will not export or re-export, directly or indirectly our Platform, Services or other information or materials provided by Osiọbe hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, our Platform and Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
U.S. Government Restricted Rights: The Platform, Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the Terms & Conditions herein.
Resolution of Disputes
Initial Informal Resolution Process: Should a dispute arise between you and us regarding or as a result of these Terms & Conditions, we will make concerted efforts to resolve said dispute with you in an amicable manner. You agree that you will also do the same for us.
The party raising a dispute will initiate this process by notifying the other. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You and Osiọbe agree that you both will make a good faith efforts to resolve the dispute amicably before either you or Osiọbe files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process.
Exclusive venue: These Terms & Conditions and any claims, causes of action, of any kind or character, or demand arising out of or relating to the Terms & Conditions will be governed by the laws of the State of Texas. Any claim, cause of action or dispute, arising out of or relating to these Terms & Conditions shall also be resolved exclusively in The Galveston County District Clerk's Civil Section in Galveston County, Texas. You also agree to submit to the personal jurisdiction of this court for the purpose of litigating any such claim.
Limitation Period on Legal Action: You and Osiọbe agree to initiate any proceedings or actions within one (1) year of the date of the occurrence of the event or facts resulting in the dispute. Otherwise, you forever waive the right to pursue any claim or cause of action of any kind based on such events or facts, and such claim(s) or cause(s) of action are permanently barred.
App Stores
By downloading our Platform from any device made by any device manufacturer and/or app store operator or provider, including but not limited to Apple (App Store) and Android (Play Store), you expressly acknowledge and agree that:
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Such device manufacturers and/or app store operators or providers are not party to these Terms & Conditions between you and Osiọbe
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The license granted to you by these Terms is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the device(s) authorized by the device manufacturer that you own or control for personal, non-commercial use, subject to the terms and conditions agreed to by you with said device manufacturer and/or app store operator or provider.
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No device manufacturer and/or app store operator or provider is responsible for our Platform or Services or has any obligation whatsoever to address any issues with our Platform or Services or to furnish any maintenance or support services with regard to our Platform.
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In the event of any failure of the Platform to conform to any applicable warranty, you may notify your device manufacturer and/or app store operator or provider.
Contact Us
You can email us at