Welcome to the Teststreams.com (owned and operated by Test Marshal International, (hereinafter “Teststreams”)) content management platform — consisting of web sites, services, software applications and networks — that allows for download, purchase of Test and Exam study materials (the “Teststreams Platform”). The terms “Teststreams” and the “Teststreams Platform” apply to any site or mobile application owned and operated by Teststreams, Inc., including Teststreams.com and the Teststreams mobile applications (each an “App”).
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TESTSTREAMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Teststreams Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Teststreams Platform by Teststreams. If You are using or opening an account on the Teststreams Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY USING THE TESTSTREAMS PLATFORM, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as the Teststreams Platform is not intended for children under 13.
Privacy; Additional Terms
Individual Features and Services
When using the Teststreams Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
Teststreams offers several ways for You to purchase access to select content via the Teststreams Platform: You can pay for a monthly membership (“Membership”) for access to certain content, or pay a one-time fee for access to a certain piece of content (“Direct Purchase”). Your access to the applicable content and related purchase transaction are subject to the Teststreams Paid Access End User License Agreement (“Paid Access EULA”).
Modification of these Terms and the Teststreams Platform
Teststreams reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms or any additional terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Teststreams Platform or through other communications. Please check these Terms and any Guidelines periodically for changes. It’s important that you review the Terms whenever we modify them because Your continued use of the Teststreams Platform after the posting of changes constitutes Your binding acceptance of such changes. If you don’t agree to be bound by the modified Terms, then you may not use the Teststreams Platform anymore. Because the Teststreams Platform is evolving over time we may change or discontinue all or any part of the Teststreams Platform, at any time and without notice, at our sole discretion.
Digital Millennium Copyright Act
Please note that since we respect authors’ and content holders’ rights, it is Teststreams’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Please note that Teststreams will promptly terminate without notice any User’s access to the Teststreams Platform if that User is determined by Teststreams to be a “repeat infringer”. A repeat infringer is a User who has been notified by Teststreams of infringing activity violations more than twice as a result of DMCA takedown notices or other similar copyright notices.
Teststreams Platform License Grant
7.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, Teststreams hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Teststreams may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section 7.2 does not include the Teststreams Commercial Content (as defined in the Paid Access EULA).
7.2 Reservation of Rights.
Teststreams reserves all rights not expressly granted in these Terms
7.3 Prevention of Unauthorized Use.
Teststreams reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Teststreams Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
You understand that when using the Teststreams Platform You will be exposed to content from a variety of sources, and that Teststreams is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. For clarity, Teststreams does not permit copyright infringing activities on the Teststreams Platform.
BY USING THE TESTSTREAMS PLATFORM YOU AGREE NOT TO:
9.1 use the Teststreams Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Teststreams Platform as such services are offered by Teststreams;
9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;
9.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Teststreams Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Teststreams Platform, or perform any other similar fraudulent activity;
9.6 delete the copyright or other proprietary rights notices on the Teststreams Platform or associated with any content available via the Teststreams Platform;
9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Teststreams Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9.8 use the Teststreams Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9.9 defame, harass, abuse, threaten or defraud Users of the Teststreams Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 use the Teststreams Platform if You are under the age of thirteen (13) years old;
9.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Teststreams Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Teststreams Platform, or features that enforce limitations on the use of the Teststreams Platform or any content available via the Teststreams Platform;
9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Teststreams Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.13 modify, adapt, translate or create derivative works based upon the Teststreams Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.14 intentionally interfere with or damage operation of the Teststreams Platform or any user’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9.15 relay email from a third party’s mail servers without the permission of that third party;
9.16 use any robot, spider, scraper, or other automated means to access the Teststreams Platform for any purpose or bypass any measures Teststreams may use to prevent or restrict access to the Teststreams Platform;
9.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Teststreams Platform;
9.18 interfere with or disrupt the Teststreams Platform or servers or networks connected to the Teststreams Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Teststreams Platform; or
9.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Teststreams’s sole opinion detracts from the Teststreams experience.
When You use the Teststreams Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Teststreams, You may be asked to create an account and provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Teststreams on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Teststreams by emailing [email protected] You may be liable for the losses incurred by Teststreams or others due to any unauthorized use of Your Teststreams Platform account.
Third-Party Sites, Products and Services; Links.
The Teststreams Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Teststreams, Teststreams does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Teststreams Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that Teststreams, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Teststreams or Your use of the Teststreams Platform and remove and discard all or any part of Your account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your account is if You do not log into Your account for an extensive period of time; however, we will not terminate Your account for inactivity if You have a Direct Purchase associated with Your account or continue to pay the fees associated with a Membership. Teststreams may also in its sole discretion and at any time discontinue providing access to the Teststreams Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Teststreams Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Teststreams will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Teststreams may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the Teststreams Platform, (ii) any term of these Terms, (iii) any policy or practice of Teststreams in operating the Teststreams Platform, or (iv) any content or information transmitted through the Teststreams Platform, is to cancel Your account and stop using Teststreams. You may cancel Your Account at any time through the Teststreams Platform by logging into the Site or the App and going to Your account settings, or by sending an email to us at [email protected] requesting a cancellation of your account. You may terminate these Terms at any time by canceling Your account and discontinuing use of Teststreams.
Ownership; Proprietary Rights
The Teststreams Platform is owned and operated by Teststreams. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the Teststreams Platform provided by Teststreams (the “Materials”) are protected by Nigerian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Teststreams acknowledges that You retain ownership of any User Comments You may post via Teststreams, subject however to Your grant to Teststreams of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the Teststreams Platform. All Materials contained on the Teststreams Platform are the property of Teststreams or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Teststreams or its affiliates and/or third-party licensors. Except as expressly authorized by Teststreams, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Teststreams Platform. Teststreams reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Teststreams, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Teststreams Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Teststreams reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Teststreams, and You agree to cooperate with Teststreams’s defense of these claims. Teststreams will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TESTSTREAMS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TESTSTREAMS OR THROUGH THE TESTSTREAMS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM TESTSTREAMS INCLUDES TESTSTREAMS’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
Limitation of Liability and Damages
16.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TESTSTREAMS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE TESTSTREAMS PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH TESTSTREAMS, EVEN IF TESTSTREAMS OR A TESTSTREAMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF TESTSTREAMS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE TESTSTREAMS PLATFORM OR YOUR INTERACTION WITH OTHER TESTSTREAMS PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TESTSTREAMS PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
16.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TESTSTREAMS AND RECEIVED THROUGH OR ADVERTISED ON THE TESTSTREAMS PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT TESTSTREAMS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TESTSTREAMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TESTSTREAMS. TESTSTREAMS WOULD NOT BE ABLE TO PROVIDE THE TESTSTREAMS PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17.1 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the federal republic of Nigeria, without giving effect to any principles of conflicts of law.
Teststreams may provide You with notices, including those regarding changes to Teststreams’s terms and conditions, by email, regular mail, or postings on the Teststreams Platform. Notice will be deemed given twenty-four hours after email is sent, unless Teststreams is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Teststreams Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Teststreams Platform is deemed given ten days following the initial posting.
The failure of Teststreams to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Teststreams.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Teststreams without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
YOU AND TESTSTREAMS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TESTSTREAMS PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Teststreams Inc., located at: Teststreams.com, 42 Onitsha crescent, off Gimbiya street, Abuja, and email: [email protected] If You are an Abuja resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.