Welcome to 9jaRuns (the “Platform” or “App”)! We, Ray Atsukson Services, a social entrepreneur and general contract company based in Port-Harcourt, Nigeria (“9jaruns”, “we” or “us”) are proud to be operating this Platform for your access and use. (hereinafter “9jaruns” or “we’” and any individual who registers on the Platform (hereinafter “you” or “your”). 9jaruns offers services which aim to facilitate chat between individuals all around the world for personal, entertainment purposes through electronic communications networks, including, without limitation, the downloadable 9jaruns applications (the “Platform”). 1. Consent – Acceptance of Terms & Conditions of Service By creating a profile (“Profile”) and using the Platform, you acknowledge that you are fully informed of and agree to be bound by these (i) terms of use (i) (“Terms & Conditions”), (ii) our Privacy Policy, Cookie Policy and Guide to Online and Offline Safety, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Platform, which constitute an agreement between you and 9jaruns (“Agreement”). In case you do not agree to be bound by all of the terms of this Agreement, please do not use the Platform.
The services offered by 9jaruns are for adults only. You must be at least 18 years old or have reached the age of majority in the jurisdiction which you accessing the Platform from to create a Profile and use the Service. Otherwise, please leave the platform immediately. By creating a Profile and using the Service, you represent and warrant that: • You can form a binding contract with 9jaruns. • You will comply with this Agreement and all applicable laws and regulations. • You will provide correct, accurate and true information that is not misleading, and that you will promptly update in case of any changes. • You have never been convicted of a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence.
You can gain access to the Platform and become a member (hereinafter “Member” or “User”) of 9jaruns by creating a Profile on the Platform for free. Becoming a Member does not allow you to use all the functionalities of the Platform. Some functionalities are subject to payment of a fee, for which the terms and conditions are set out hereinafter and/or directly on the Platform. 9jaruns has the right to decline any request for membership if you do not meet the conditions for registration. No Member may register more than once, not even by using a different name. The membership is personal to the Member and cannot be assigned or transferred to third parties. You are responsible for maintaining the confidentiality of user names, logins, passwords and/or other entry codes you use to sign up for 9jaruns (login credentials). Therefore, you are solely responsible for all activities that occur under those login credentials. This includes all actions or statements made by an intermediary using your account, whether they are fraudulent or not. You will indemnify Us for any claim arising in connection with these, other than in the event of fault exclusively attributable to 9jaruns or technical failure of the Services. If you have reason to believe that someone is using your login credentials, please immediately inform us by sending an e-mail to admin@9jaruns.com.
You may terminate your 9jaruns membership at any time, for any reason, via your Settings. 9jaruns may also terminate or suspend your membership at any time if it appears that you have violated the terms of the Agreement. Such termination or suspension can take place without prior notice. Following such termination or suspension, you cannot attempt to register as a Member or make use of the Service, unless we inform you that the suspension was lifted. Termination will not entitle you to any reimbursement.
In order to use the platform, you agree to comply with the Agreement and with applicable laws and regulations, and to respect the rights of other Members. In particular, you agree to: • Use the Service while respecting its purpose, which is to allow individuals to chat for personal, entertainment purposes. You must not use this Service to sell any goods or services, or distribute any promotional materials, or other commercial or business purposes without our prior written consent. • Respect the intellectual property rights of the content disseminated on the Platform, as well as the content provided by other Members. Thus, you agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, platform marks, or other intellectual property, content or proprietary information accessible through the Platform without 9jaruns’s prior written consent. • Ensure that you define the limits of your private life and that you do not communicate confidential, sensitive or financial information through the Platform. Furthermore, you agree that you will not: • insult other Members or post any statement or content that is defamatory, abusive, obscene, offensive, violent, political, racist, xenophobic. You will not post any statement or content that incites violence or is offending to human dignity. In general, you will not post any statement or content contrary to the purpose of the Platform or to applicable laws and regulations; • use the Platform in any way that could interfere with, disrupt or negatively affect the platform or the servers or networks connected to the Platform; • harm other visitors of the Platform by installing computer viruses or other malware; • share any misleading, harassing, threatening, defamatory or tormenting content; • bully, stalk and harass other Members; • try to convince other Members of your political or religious views. Excessive use of national or religious symbols won't be tolerated; • impersonate any other person or use another Member’s account. You may only post content that relates to your true identity; • share any illegal content or content that may encourage conduct that would be considered a criminal offence. Photos with weapons are not allowed; • post content that infringes other people's intellectual property or portrait rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. This means you cannot copy other people's materials or photos without their explicit permission; • post, display or disseminate, in any form whatsoever, information or content incorporating hyperlinks to third-party websites on the Platform that are illegal, and/or not in conformity with the purpose of the Platform; • disseminate someone else personal information on the Platform without his or her permission. In case of an illegal and/or unauthorized use of the Platform, 9jaruns may permanently or temporarily prohibit all access to the Platform or terminate your account. In case of a criminal offence committed by a Member, 9jaruns may take any available legal action, including – when necessary - transfer of that Member's personal data to the competent authorities. All of this can be done without prior notification to the Member concerned. YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS 9JARUNS, OUR AFFILIATES, AND THEIRS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES. THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE PLATFORM, INFORMATION AND/OR OTHER MATERIAL SHARED ON THE PLATFORM BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE AGREEMENT.
6.1 Keeping the Platform a safe and friendly environment is important both for you and for us. As a result, Members acknowledge and accept that content they provide, as well as their behaviour or comments made through the Platform, may be reported by other Members and may be subject to acts of moderation and/or control by 9jaruns on the basis of specific assessment criteria. If you see content or experience behaviour on the Platform that violates this Agreement, please report it to us in a timely manner by clicking the 'Report' button. If 9jaruns considers your complaint to be justified, such offending content will be removed as soon as possible. 6.2 You agree to take reasonable precautions when you interact with other Members, particularly if you decide to communicate off the Platform or meet in person. In addition, you agree to review and follow our Safety Tips before you start using the Platform. If you post and/or disclose to other Members any confidential or sensitive information, such as personal information (surname, postal address, email, telephone number…) or financial information (e.g., credit card or bank account information), then you do so entirely at your own risk. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT 9JARUNS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS MEMBERS, AND IS NOT OBLIGED AND DOES NOT HAVE THE TECHNICAL MEANS TO VERIFY THE COMPLETE IDENTITY OF INDIVIDUALS REGISTERING ON THE PLATFORM. HOWEVER, WE STRIVE TO ENSURE ITS THE FACE OF A HUMAN BEFORE AWARDING VERIFIED BADGE. 9JARUNS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THEREFORE, 9JARUNS EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN MEMBERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE PLATFORM, OR IF YOU MEET IN PERSON.
7.1 Generally From time to time, 9jaruns may offer products and services for purchase ('In-App Purchases') through a third party, 9jaruns direct billing or other payment platforms authorized by 9jaruns. If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account) (your 'Payment Method') will be charged for the In-App Purchase at the prices displayed to you for the service(s) you've selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize 9jaruns or the third-party account, as applicable, to charge you. 7.2 Packages Packages are automatically renewed, until you terminate or cancel the subscription. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically be renewed for an additional equivalent period or any other period if so displayed on the Service at time of purchase, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement. You may unconditionally withdraw your consent to automatic card payments at any time by going to your Settings on 9jaruns or the relevant third-party account, but please be advised that you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log into your 9jaruns account or your third-party account and follow instructions to terminate or cancel your subscription, even if you have deleted your account with us or if you have deleted the 9jaruns application from your device. 9jaruns will retain all funds charged to your Payment Method until you terminate or cancel your subscription on 9jaruns or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. DELETING YOUR ACCOUNT ON 9JARUNS OR DELETING THE 9JARUNS APPLICATION FROM YOUR DEVICE DOES NOT TERMINATE OR CANCEL YOUR SUBSCRIPTION.
8.1. Fees and Terms of Payment of Paid Services The fees and the terms of payment are described on the Platform,third party site or on 9jaruns reward plan. Members may pay either by bank card (on the Internet or through a mobile service) or by using an online payment service (9jaruns wallet, Direct Debit, etc.) according to the options given on the relevant platform. The fees are inclusive of all taxes. IF A PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT EDIT YOUR PAYMENT METHOD INFORMATION, TERMINATE OR CANCEL YOUR SUBSCRIPTION, YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS AND AUTHORISE US TO CONTINUE BILLING THE PAYMENT METHOD, AS IT MAY BE UPDATED. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. 8.2. Refunds Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law and except if the purchased service is performed immediately upon your request, you are entitled to a full refund of your Package without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Refunds will be made using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund. To request a refund: If you subscribed using your bank card via your account or through 9jaruns directly: please contact complain@9jaruns.com with your order number and purchase history for the transaction (you can find the order number in the order confirmation e-mail or by logging into your 9jaruns Wallet transaction history).
By creating a Profile, you consent to 9jaruns providing you with important notices about your account or services associated with the Platform. These notices can be shared directly on the Platform, via app notifications or with a banner notice across its pages, or through other means associated with your account, like e-mail or phone. The contact information you provide must be accurate or you may not receive these notices. Please review your Settings to control what kind of messages you receive from 9jaruns. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information and notifications.
10.1. 9JARUNS PROVIDES THE PLATFORM ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 9JARUNS GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM OR ALL CONTENT CONTAINED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 9JARUNS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM WILL BE ACCURATE. In particular, and without limitation: • Even though 9jaruns makes all reasonable efforts to ensure that the Service is operational and free from errors, the nature of the Internet in general and software in particular do not allow providing a continuous and error-free operation. 9jaruns is not responsible for any lack of functionality, lack of access or poor conditions of use of the Platform due to unsuitable equipment, to internal functionality failures of the Member’s equipment, to overload of the Internet network or to all other reasons external to 9jaruns. • The operation of the Platform may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, 9jaruns will notify its Members before any maintenance operations or updates which may materially impact the Platform. 10.2. 9JARUNS TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. 9JARUNS CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND CONTENT PROVIDED BY OTHER MEMBERS, AND/OR THE MEMBER HIMSELF, NOR THE CONSEQUENCES FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, 9JARUNS CANNOT BE HELD LIABLE FOR ANY CONTENT DISSEMINATED BY A MEMBER THAT MAY POTENTIALLY INFRINGE THE RIGHTS OF ONE OR MORE OF THE OTHER MEMBERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 9JARUNS, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE PLATFORM; OR (III) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF 9JARUNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 9jaruns’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO 9jaruns FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
12.1 Generally 9jaruns is only liable for the Platform and does not exercise any control over third-party websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Platform may redirect. If you choose to interact with third parties made available through our Platform, such parties' terms will govern your relationship with them. 9jaruns is not responsible or liable for such third parties’ terms or actions. 12.2 Live Video Streaming To enhance your experience on the Platform, 9jaruns may partner with third-party video broadcasting/streaming platforms. In such case, the service will be subject to such third-party terms and conditions and privacy policy, which are available on the Platform. If applicable, any payment shall be processed by 9jaruns. You can always disable such functionality in your Settings. 9jaruns reserves the right to change or remove any live video streaming functionality at any time. Supplemental terms may apply.
13.1. Content Disseminated on the Platform This Agreement does not grant Members any rights, implied or otherwise, to the content disseminated on the Platform. All trademarks, logos, graphics, software, photographs, animations, videos, text appearing on the Platform are the exclusive intellectual property of 9jaruns and its license as may be applicable, and may not be reproduced, used, published, distributed, sold or displayed without the express prior written permission of 9jaruns or its license, subject to legal action. The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the membership on the Platform. Any other use by the Member is prohibited. The Member is prohibited from, among other actions, modifying, copying, creating a derivative work, disassembling or otherwise attempt to extract the source code composing the Platform, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Platform or computer codes of the elements composing the Platform, in any way whatsoever, subject to legal action. 13.2 Content Disseminated by the Member You warrant and represent that the information posted in your Profile is posted by you and that you are the sole author of your Profile. When you post, upload, display or enter data that is meant to be viewable to other Members, including but not limited to text, photos, images, drawings or graphics for a profile, videos, etc., you grant to 9jaruns a worldwide, transferable, sub-licensee, royalty-free right and license to host, store, disseminate, display, reproduce, adapt, process, translate, modify the content provided by you, fully or in part, to operate, develop, provide, and improve the Platform or develop new ones. These rights are granted for the duration of the Agreement between you and 9jaruns and are subject to your rights under applicable law.
14.1 Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law: • The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Platform shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. • By using the Platform in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and 9jaruns (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrary of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against 9jaruns (except for small-claims court actions) may be commenced only in the federal or state courts located in Port-Harcourt, Nigeria. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. • This Agreement, and any dispute between you and the Company, shall be governed by the laws of Nigeria without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. 14.2 For Members residing in the EU or European Economic Area or other countries where our arbitration agreement is prohibited by law, the Agreement shall be governed by, construed and enforced in accordance with the laws of Nigeria, subject to mandatory laws and regulations in force in the country of residence of the Member. The courts in Nigeria will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country of residence of the Member.
If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material); • your contact information, including address, telephone number and e-mail address; • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement should be provided to our Copyright Agent at admin@9jaruns.com. 9jaruns will terminate the accounts of repeat infringes.
Your personal data is processed in accordance with our Privacy Policy. We strongly recommend that you read our Privacy Policy to understand how we process your personal data, what your rights are and how to exercise them.
We may update the content and/or features of the Platform at any moment in order to improve the quality of the Platform. We may also modify the Terms & Conditions at any moment. The most recent version will be posted on the Platform, and you should regularly check for the most recent version. Modified versions will take effect thirty (30) days after being published on the platform, and your continued use of the platform after the changes become effective shall indicate your acceptance of the new version. If changes to the Terms & Conditions negatively affect your rights and obligations or affect a service for which you performed a payment, you will be informed of the nature of these updates or modifications by reasonable means, through notification or e-mail, when they are implemented on the Platform. In such case, you have the right to cancel this service and receive a pro rata refund, provided you notify us within the aforementioned period of thirty (30) days.
This Agreement is drafted in English language. To the fullest extent permitted under applicable law, if this Agreement is translated into any language other than English, the English version shall control and prevail in case of any discrepancies or ambiguities due to translation.