Please read these Terms and Conditions (“Terms”), which set forth the legally binding terms and conditions between you and The CREAM Platform Ltd (“CREAM”, “the Platform” or “the Company”). It governs your access to and the use of the website, https://creamplatform.com/ (the “Website”) and all related applications (“Application”) and services (the “Services”).
Your access to the Website and/or Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service (collectively referred to as “Users”) and all applicable laws and all conditions or policies referenced here.
By accessing or using the Website and/or Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website/ Service.
The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Website by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third party service providers to the Website that are referenced herein. These Terms apply to every user of the Service.
a. Certain parts of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms.
b. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2. Scope of CREAM’s Services
CREAM is an acronym for Creative, Reality, Entertainment, Arts and Music. It is a subscription-based digital mentorship platform for building and showcasing budding talents in the creative industry, education and entrepreneurship sector. Through CREAM, these talents have the opportunity to develop, actualise and sell their creative content fully financed by CREAM. The different categories which CREAM covers include: music, movies, sports, showcase, showbiz, entrepreneurship, and collaboration (the “Category” or “Categories”).
3. Use of CREAM’s Services
I. To sign up on the Platform, you will need to subscribe via the MTN Nigeria network (MTN network) or through Access Bank.
II. Subscribing for our Services via the MTN network means that you will need to be on the MTN network and use the USSD code - *463# to access our Services. Upon subscribing for our Services via the USSD code, you will be able to upload your content(s) to the Platform based on the Category or Categories you have selected. Access to our Services via the MTN network will require N20 to be deducted by MTN from your airtime daily.
III. Subscribing for our Services via Access Bank means that you need to have an Access Bank account and use the USSD code - *901*463# to access our Services. The USSD code allows you to access our Services either through the Freemium or Premium mode.
IV. The Freemium mode allows you to recharge your phone, irrespective of your network service provider, through your Access Bank account using the USSD code in Clause 4(III). Upon recharging your phone with up to N2,500, you automatically get subscribed to the Platform where you can upload your content(s) based on the Category or Categories you have selected.
V. Through the Premium mode, you can subscribe for our Services via the USSD Code in Clause 4(III) weekly, monthly or yearly. For the weekly subscription, N150 will be deducted from your Access Bank account. For the monthly subscription, N600 will be deducted from your Access Bank Account and for the yearly subscription, N7,200 will be deducted from your Access Bank account. Based on the subscription mode you choose, you will have unlimited access to our Services during that period.
VI. Upon successfully signing up on the Platform either through the MTN network or Access Bank, you will need to choose a Category or Categories, after which, CREAM will send you a welcome message with a URL (web link), where you can upload your content(s) for review and stand a chance to win any of the prizes stated in the Category or Categories you have chosen after a raffle draw has been conducted.
VII. You can only upload your content(s) or access our Services when you have an active subscription with CREAM.
VIII. At the end of every month, there is a Raffle Draw for each category where 10 (ten) lucky winners are selected.
IX. Additional monthly winners are also selected based on merit from by CREAM’s panel of mentors.
X. These winners will receive Prizes based on the Category or Categories they selected.
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform or subscribe for our Services. By accessing or using the Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are under age 18, you cannot use our Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and your right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You are not eligible to participate in the Raffle Draw if you violate any provision of these Terms as determined in CREAM’s sole discretion.
Where a User wins a Raffle Draw and is found to be ineligible, CREAM may, at its option and sole discretion, choose not to award the Prize at all.
5. User’s Representations and Warranties
Representations and warranties are statements and promises made by you to CREAM, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
a. you are over the age of 18 years;
b. you are of sound mind and have the capacity to initiate and participate in CREAM’s Raffle Draws;
c. all personal information that you provide about yourself is accurate and true to the best of your knowledge;
d. you are either subscribed to the MTN Nigeria network or you hold an Access Bank account in your own name and will use this account to make payments for your subscriptions;
e. you have carefully considered the risks involved with using the Platform, and its Services;
f. if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation); and
g. you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner CREAM deems appropriate for publicity purposes without any compensation to such User or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to:
a. have CREAM (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record you;
b. have CREAM (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that CREAM sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and
c. have relinquished, any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied
6. Intellectual Property
I. The Platform and its original content, features and functionality are and will remain the exclusive property of CREAM. Our trademarks may not be used in connection with any product or service without the prior written consent of CREAM.
II. CREAM may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform ("User Content"); and (ii) access and view User Content and any content that Platform itself makes available on or through the Application, including proprietary CREAM content and any content licensed or authorized for use by or through CREAM from a third party ("CREAM Content" and together with User Content, "Collective Content").
III. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
IV. You will not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CREAM or its licensors, except for the licenses and rights expressly granted in these Terms.
V. By submitting User Content to CREAM, through the Platform, you hereby do and shall grant us a worldwide, exclusive, perpetual, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Platform, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Platform or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Platform and/or the Services an exclusive, perpetual license to access your User Content through the Platform and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
VI. By submitting User Content to CREAM, you also grant CREAM an exclusive right to distribute, market, exploit and publish the User Content in any media formats and through any media channels including iTunes, Spotify and Youtube. This right shall subsist in CREAM even after the termination of your Account or the Services.
VII. Subject to your compliance with these Terms, CREAM grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Website and accessible to you, solely for your personal and non-commercial use.
VIII. Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
IX. We do not guarantee that any content or Category will be made available on the Platform or through the Services. We reserve the right to, but do not have any obligation to;
a. remove, edit or modify or otherwise manipulate any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms), or for no reason at all; and
b. to remove or block any content from the Services.
7. Prohibited Activities
I. You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your Subscription and forfeiture of your winnings. You acknowledge and agree that we may terminate any Subscription at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
II. Users shall not utilize the Platform or the Services for any illegal purpose.
III. CREAM, in its sole discretion, may refuse to allow a User that CREAM has reason to believe is unauthorized or may violate any law, rule or regulation to participate in the raffle draws on the Platform.
IV. In addition, if uploaded User Contents cannot be entered into CREAM’s raffle draws for any reason, CREAM will notify the User by SMS to the phone number used to subscribe to the Services.
V. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Platform, you will not and will not assist or enable others to:
a. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
b. use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with CREAM;
d. use screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question;
e. enter into a contest for which you are not eligible;
f. impersonate any person or entity, including any of our employees, representatives, or users;
g. promote or link to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or
h. include anyone’s identification documents or sensitive financial information.
i. use the Website in connection with the distribution of unsolicited commercial messages ("spam");
j. use the Website with the intention to circumvent any purchases or for any other reason;
k. discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
l. use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, CREAM’s name, any CREAM’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without CREAM’s express written consent;
m. dilute, tarnish or otherwise harm the CREAM brand in any way, including through unauthorized use of Collective Content, registering and/or using CREAM or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to CREAM’s domain, trademarks, taglines, promotional campaigns or Collective Content;
n. use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Application for any purpose;
o. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by CREAM or any of CREAM's providers or any other third party to protect the Application;
p. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application;
q. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Application;
r. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
VI. You acknowledge that CREAM has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist CREAM in good faith, and to provide CREAM with such information and take such actions as may be reasonably requested by CREAM with respect to any investigation undertaken by CREAM or a representative of CREAM regarding the use or abuse of the Platform.
VII. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CREAM by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
VIII. CREAM reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
a. satisfy any applicable law, regulation, legal process or governmental request,
b. enforce these Terms, including investigation of potential violations hereof,
c. detect, prevent, or otherwise address fraud, security or technical issues,
d. respond to user support requests, or
e. protect the rights, property or safety of us, our users and the public.
IX. CREAM reserves the right to disqualify a winner of a Raffle Draw if he or she fails to comply with any provision of these Terms, as determined in the sole discretion of CREAM. CREAM, in its sole discretion, may disqualify you from a Raffle Draw, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct CREAM deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other Users. Improper conduct includes, but is not limited to:
a. falsifying personal information, including payment information, required to claim a Prize;
b. violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, using unauthorized methods such as unauthorized scripts or other automated means;
c. tampering with the administration of the Raffle Draw or trying to in any way tamper with the computer programs associated with the Raffle Draw;
d. obtaining other Users’ information and spamming other Users; and any other form of abuse; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any Prize shall in no way prevent CREAM from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
8. Third Party Services
The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the Application. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
CREAM will permit and process a refund upon the following conditions-
a. You have been billed an amount in error and can provide documentary proof thereof;
b. A refund request has been submitted to us via the ‘Contact Us’ section on the Website within 30 days from the date upon which the amount was erroneously charged for by CREAM;
c. Once the Company has received your refund request, it will be reviewed, and you will be notified, within 72 hours of receipt of the refund request, of the approval or rejection thereof. This decision shall be final and binding on you.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to unsubscribe for the Services, you may do so by cancelling all subscription payments from your mobile phone and following the instructions on the Application or through the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property, Warranty Disclaimers, Indemnity, Limitations of Liability, and Governing Law.
11. Warranty Disclaimers
I. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
a. which Users gain access to the Services;
b. what content you access via the Services; or
c. how you may interpret or use the content.
II. You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.
III. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
IV. CREAM, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
V. CREAM makes no representation or warranty, explicit or implicit, as to the legal rights of the User to participate in the Services, nor shall any of CREAM’s employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertisers, promoters or other agencies, media partners, agents or retailers have the authority to make any such representation or warranty.
VI. CREAM shall not be liable or obligated to the User with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for:
a. any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits);
b. amounts in excess of the Prize for the applicable Raffle Draw;
c. any matter beyond such parties’ reasonable control;
d. failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry;
e. entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind;
f. any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in CREAM’s competitions;
g. any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from the use of the Platform or otherwise in connection with any of CREAM’s competitions; or
h. any warranty with respect to any Prize or any component thereof.
12. Limitation of Liability
In no event shall CREAM, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
a. your use of the Platform or the Services or your inability to use the Website or the Services;
b. any conduct or content of any third party on the Service;
c. any content obtained from the Service;
d. any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
e. any legal proceedings between the you and any third parties;
f. any direct damages which exceed the value of the Prize won by the User.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.
14. Dispute Resolution
I. Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between CREAM and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
II. The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
III. Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
15. Changes to Terms and Conditions
We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Platform or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
16. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
17. Entire Agreement and Severability
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform or Services. You may submit Feedback by emailing us, through the contact section on the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Contact Us
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
This document was last updated on 20 / Jan / 2019