Terms of Service

AGREEMENT TO OUR LEGAL TERMS

Located at 234 Nwaniba, directly across from the Uniuyo Permsite Gate in Uyo, Nigeria, we are Topnotch Visual Art.To which end, we maintain the URL “https://bensfola.com.” You may reach us at +2349056008166 or 234 Nwaniba opposite uniuyo permsite gate uyo, Uyo 520101, Nigeria via email at topnotchfola@gmail.com or regular mail at 234 Nwaniba.

You, either as an individual or on behalf of an entity (“you”), and Topnotch Visual Art (the “Company”) agree to be bound by these Legal Terms with respect to your use of the Services. Access to the Services constitutes your acceptance, understanding, and agreement to be bound by these Legal Terms. If you do not agree to these legal terms in its entirety, you are not permitted to use the Services and must immediately stop doing so.

Any upcoming adjustments to the Services you now utilize will be communicated to you in advance. Unless otherwise specified in the email, any changes to the Legal Terms will take effect when posted or when notice of such changes is sent to you at topnotchfola@gmail.com. You accept the updated terms by continuing to use the Services after the effective date of any modifications.

Users under the legal age of majority in their country of residence (often 18) need parental consent and direct supervision whenever they use the Services. If you are under 18, your parent or legal guardian must review these Legal Terms and give their consent to your use of the Services.

Keeping a hard copy of these Legal Terms is highly recommended.

OUR SERVICES

The Services and the information obtained through the use of the Services are not directed at residents of, or use within, any jurisdiction or country where doing so would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who access the Services from other areas do so voluntarily and, to the extent local laws are applicable, are entirely responsible for compliance with those laws.

If your interactions would be subject to industry-specific requirements (Health Insurance Portability and Accountability Act [HIPAA], Federal Information Security Management Act [FISMA], etc.), you may not utilize the Services since they are not geared to comply with such laws. The Gramm-Leach-Bliley Act (GLBA) prohibits any use of the Services that could lead to a violation of this law.

PROTECTION OF CREATIVE WORKS

Our original ideas

All trademarks, service marks, and logos contained in the Services are either owned by us or used with our permission, and this includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics.

Copyright and trademark laws (as well as other intellectual property rights and unfair competition laws and treaties) provide legal protection for our content and trademarks in the United States and internationally.

For your own non-commercial or internal business use, the Services and any Content and Marks therein are provided “AS IS.”

Using bensfola.com services

You are given a limited, , temporary permission for using the Services at your own risk and to download or print a copy of any portion of the Content to which you have proper access, provided that you comply with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ below.
Use it only for your own non-commercial, internal purposes at work.

Without our prior written permission, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise commercially exploit any part of the Services or any Content or Marks, except as expressly provided in this section or elsewhere in our Legal Terms.

All requests for permission to use the Services, Content, or Marks in ways not expressly permitted under these Legal Terms should be sent to topnotchfola@gmail.com. You must clearly indicate that we are the owners or licensors of the Services, Content, or Marks and that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content if we grant you permission to do so.

All rights in and to the Services, the Content, and the Marks not granted herein are reserved.
If you violate any of these Intellectual Property Rights, it will be considered a serious infringement of our Legal Terms, and you will immediately lose access to our Services.

Your contributions

To fully understand (a) the rights you grant us and (b) your obligations when posting or uploading any content through the Services, please read this part and the ‘PROHIBITED ACTIVITIES’ carefully before using our Services.

You agree to assign to us all intellectual property rights in any questions, comments, suggestions, ideas, feedback, or other information directly sent to us regarding the Services (‘Submissions’). You acknowledge that we will own the Submission and have the right to use and distribute it for any lawful purpose, commercial or otherwise, without providing you with any credit or additional remuneration.

REPRESENTATIONS OF USERS

You affirm, by your use of the Services:

(1) you are of legal age to form a binding contract with us and

(2) you are not a minor in the jurisdiction in which you reside or

(3) you have parental consent to use the Services;

(4) you will not access the Services through automated or non-human means, including through the use of any bot, script, or other similar automated or non-human means; and

(5) you will not use the Services for any illegal or unauthorized purpose.
We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete.

VERBOTENE ENGAGEMENTS

The Services may not be accessed or used for any reason aside from those for which they were intended. Except for the limited exception of our sponsored or approved commercial activities,
you may not use the Services in connection with any other kind of business activity.
You may not, as a user of the Services, directly or indirectly, without our prior written consent: systematically extract data or other content from the Services in order to establish or compile such a collection, compilation, database, or directory.
Don’t try to phish for information about other users’ accounts, including passwords, or otherwise try to trick or deceive us or other users.
Any attempt to circumvent, disable, or otherwise interfere with any security-related feature of the Services, including, but not limited to, any feature that prevents or restricts use or copying of any Content or enforces any limitations on the use of the Services and/or the Content included therein.
insult, smear, or otherwise damage our reputation or the reputation of the Services.
Harass, abuse, or damage another user in any way using information obtained through the Services.
Use our services for improper purposes or file fake reports of misconduct or abuse.
Infringe on any laws or regulations by making illegal use of the Services.
Use framing or inline linking techniques to access the Services without permission.
Do not post or send any content that modifies, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Services, including but not limited to viruses, Trojan horses, excessive use of capital letters, and spamming (continuous posting of repetitive text). employ data mining, robots, or similar data gathering and extraction techniques, or employ scripts to deliver automated comments or messages.
If there is a notice of copyright or proprietary rights on any Content, please remove it.
Create an unreasonable demand on the Services or the infrastructure supporting the Services by interfering with, disrupting, or otherwise negatively impacting them.
Don’t bother, disturb, intimidate, or threaten any of our workers or agents involved in supplying you with any part of the Services.
Make an effort to evade, sidestep, or otherwise defeat the Service’s built-in protections against, or restrictions on, access to the Service or any part thereof.
Don’t steal or modify anything that runs on the Services, whether it’s Flash, PHP, HTML, JavaScript, or anything else.
Do not attempt to interpret, decompile, disassemble, or reverse-engineer any of the software comprising or making up all or any part of the Services unless this is expressly permitted by applicable law. Use, launch, develop, or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader, that accesses the Services, or use or launch any unauthorized script or other software, except as may be the result of standard search engine or Internet browser usage.

WORK CREATED BY READERS

Users are unable to publish or submit material through the Services. Text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, and other material (collectively, ‘Contributions’) may be created, submitted, posted, displayed, transmitted, performed, published, distributed, or broadcast by you to us or on the Services. The Services and third-party websites may make users’ contributions available to the public. This means that the Services’ Privacy Policy may govern how your transmissions of Contributions are handled. When you make any Contributions available, you confirm and warrant the following:

No third party’s copyright, patent, trademark, trade secret, or moral rights have been or will be infringed in the course of the creation, distribution, transmission, public display, or performance, or in the course of accessing, downloading, or copying your Contributions.
You own all rights to your Contributions or have obtained all required licenses, rights, consents, releases, and permissions for us, the Services, and other users of the Services to use your Contributions in the ways intended by the Services and these Legal Terms.
Inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms does not require, and you do not have, the written consent, release, and/or permission of any and all persons whose names or likenesses appear in your Contributions. Nothing you’ve contributed is intentionally dishonest or misleading.
Your Donations are not promotional materials, advertising, pyramid schemes, chain letters, spam, mass mailings, or any other type of solicitation that you have not been specifically asked to participate in.
We have concluded that none of your contributions are obscene, lewd, lascivious, filthy, violent, harassing, libellous, or slanderous.
The money you provide isn’t going towards inciting violence towards a certain group of individuals or harassing other people in the legal sense.
There are no infractions of law, regulation, or rule on the part of your contributions.
No one’s right to privacy or notoriety will be harmed by your contributions.
Your Donations do not infringe on any laws prohibiting child pornography or other laws enacted to safeguard the well-being of children.
No racially, ethnically, gender-, or sexually- or physically-insensitive statements are included in your contributions.
Nothing in your Submissions violates or links to anything that might violate any other part of these Legal Terms or any other law or regulation.

Your permission to use the Services may be terminated or suspended if you use the Services in a way that violates the foregoing or any other provision of these Legal Terms.

LICENCE FOR CONTRIBUTIONS

Following the guidelines of the Privacy Policy and your preferences (including settings), we will have access to, retain, process, and use any information and personal data that you supply to us and the Services.

You acknowledge and agree that any recommendations or other feedback you provide regarding the Services may be used and used by us for any purpose, without any obligation to you.

We make no claim of ownership over any materials you may submit. All of your Contributions, as well as any associated intellectual property rights and other proprietary rights, will continue to be wholly owned by you. Any assertions or representations made by you in your Contributions posted on any part of the Services will not be held against us. You acknowledge that your Contributions are your exclusive responsibility and that you are releasing us from any liability and agreeing not to bring any claims against us in connection with your Contributions.

REVIEW PROCEDURE PRINCIPLES

In some cases, we may offer space on the Services for you to rate and review content. The following guidelines should be kept in mind when writing a review: Reviewers must have

i) direct experience with the reviewed person or business;

ii) not use profanity or language that is abusive, racist, offensive, or hateful;

iii) not make references to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

iv) not make references to illegal activity;

v) not be affiliated with competitors.

Reviews are subject to our discretion regarding approval, rejection, and removal. No one can force us to remove or censor any review, no matter how offensive or false they may be. We don’t back reviews, and they don’t reflect the feelings of our company or our partners. When it comes to reviews and the claims, liabilities, and damages that can come from them, we won’t take responsibility. By submitting a review, you give us the right to use the information you submit in any way we see fit, including but not limited to, copying, modifying, translating, transmitting (by any means), displaying (in whole or in part), performing (in whole or in part), and/or distributing (in whole or in part).

ADMINISTRATION OF SERVICES

We may, but are under no obligation to: (1) keep an eye on the Services to make sure they aren’t being used in a way that violates these Legal Terms; (2) take legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; and (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of the Services.

PRIVACY STATEMENT

When it comes to personal information, we take security and confidentiality very seriously. Our Privacy Statement can be found at bensfola.com/privacy-policy/. These Legal Terms include our Privacy Policy, which you agree to follow by using the Services. The Services are hosted in Nigeria, which you should know about. By using the Services, you are transferring your data to Nigeria, and you expressly consent to have your data transferred to and processed in Nigeria if you are accessing the Services from a region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Nigeria.

TERM AND EXPIRATION

While you use the Services, these Legal Terms will continue in full force and effect. Without restricting any other aspect of these Regulation, we reserve the right to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We reserve the right, in our sole discretion, to terminate your use of or participation in the Services at any time, without prior notice, and/or to delete any content or information that you have posted.

You may not register and create a new account in your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of the third party, if we terminate or suspend your account for any reason. We reserve the right to pursue civil, criminal, and injunctive relief, in addition to cancelling or suspending your account, if necessary.

CHANGES AND DISRUPTIONS

We may, at any time and without prior notice, alter, improve, or delete information included on the Services. The content of our Services may change without notice, but we are under no duty to do so. In the event that we make any changes to the Services, whether they be to the prices or the availability of the Services, we will not be held liable to you or any third party.

The availability of the Services is not something we can promise. The Services may be temporarily unavailable, delayed, or contain errors if we experience hardware, software, or other difficulties, or if we need to perform maintenance. Without prior warning, we have the right to make improvements, bug fixes, feature additions, or suspensions to the Services at any time. If the Services are temporarily unavailable due to maintenance or an upgrade, you understand that we will not be held responsible for any losses you incur as a result. Our obligation to provide maintenance and support for the Services, or to issue corrections, updates, or releases in conjunction therewith, is expressly excluded from the scope of these Legal Terms.

DISCLAIMER

AS IS AND WHEN AVAILABLE, THE SERVICES ARE PROVIDED. YOU AGREE THAT YOU USE THE FEATURES OF THE SERVICES AT YOUR OWN DISCRETION AND RISK. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES THAT ARE ADVERTISED OR OFFERED THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU SHOULD EXERCISE DISCRETION AND COMMON SENSE AS YOU WOULD WHEN MAKING A PURCHASE OF ANY KIND, REGARDLESS OF THE MEDIUM OR SETTING.

LIABILITY LIMITATIONS

Even if we’ve been advised of the possibility of such damages, neither we nor any of our directors, employees, or agents will be responsible to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages arising from your use of the Services.

THE INDEMNIFICATION CLAUSE

You will indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(i) your use of the Services;

(ii) your breach of these Legal Terms;

(iii) your breach of any of your representations and warranties set forth in these Legal Terms; and

(iv) your use of the Services. Regardless of the foregoing, we retain the right to take the exclusive defense and control of any matter for which you are responsible to indemnify us, and you agree to cooperate with our defense of such claims at your expense. Upon becoming aware of any claim, action, or process that is subject to this indemnity, we will use reasonable efforts to notify you of the same.

DATA FROM USERS

Information that you send to the Services and information about how you use the Services will both be stored by us so that we can better manage the Services’ operation. Backups of data are done on frequently, however you are ultimately responsible for any information you send or receive while using the Services. You acknowledge that we will not be held responsible for the loss or corruption of any such data, and you expressly release us from any claims resulting from the aforementioned occurrences.

ELECTRONIC MESSAGES, CONTRACTS AND SIGNATURES

Electronic communications include, but are not limited to, your use of the Services, emailing us, and submitting forms online. All agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, will satisfy any legal requirement that such communication be in writing. By using our Services, you consent to our use of electronic records (including signatures, contracts, orders, and other business records) and the delivery of all related notices, policies, and records of transactions. The employing of electronic methods for transaction or for the provision of credit is hereby consented to, and you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

USERS AND LOCALS IN CALIFORNIA

If you have a complaint that we haven’t resolved to your satisfaction, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by sending an email to [email protected], calling them at [phone number], or writing to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834.

MISCELLANEOUS

All agreements and understandings between you and us are contained in these Legal Terms and any policies or operating regulations provided by us on the Services or with respect to the Services. Any delay or omission on our part to execute or enforce any right or provision of these Legal Terms will not be construed as a waiver of such right or provision. To the maximum extent permitted by law, these Legal Terms shall be in effect. We have the right to transfer ownership of our company at any moment. Any loss, damage, delay, or failure to act on our part due to circumstances beyond our control shall not be our responsibility. If any provision of these Legal Terms, or any portion thereof, is held to be unlawful, void, or unenforceable, then that section or portion thereof shall be severed from these Legal Terms and shall not affect the validity and enforceability of any other terms. Neither these Legal Terms nor your use of the Services create any connection between you and us that is more than that of independent contractors. You acknowledge that our status as the drafters of these Legal Terms will not be held against us in any legal proceedings. All defenses based on these Legal Terms’ electronic form and the absence of a signature by each of the parties hereto are thus waived.

CONTACT US

If you have a problem with the Services or would want more information on how to make the most of them, you can reach us at:
Topnotch Visual Art
234 Nwaniba opposite uniuyo permsite gate uyo
Uyo 520101
Nigeria
Phone: 09032961937

admin@bensfola.com