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Copyright © 2011, TVplus
Terms of Use
October 26, 2010
These Terms of Use are effective on October 26, 2010 for all users who register or provide opt-in consent on or after that date.
Welcome to TVplusonline.com!
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE
TVplus, ("TVplus," "we," or "us") provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, the "Content"). The Content is available for permissible viewing on (i) the tvplusonline.com website (the " TVplus Site"), (ii) TVplus 's affiliate and distributor websites (the "Distribution Sites"), and (iii) other websites where users or website operators are permitted to embed TVplus 's video player (the "Video Player"), subject to compliance with these Terms of Use (these websites, together with the TVplus Site, and Distribution Sites, are referred to collectively as the "Sites"). The Content is available also for permissible viewing through TVplus authorized applications or features, subject to compliance with these Terms of Use and any end user license agreement that might accompany an application or feature. Our video service, our Video Player, and any other features, tools, applications, materials, or other services offered from time to time by TVplus in connection with its business on any of the Sites are referred to collectively as the " TVplus Services." We are a company based in the Nigeria.
It is our pleasure to provide the TVplus Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy TVplus and the TVplus Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting the TVplus Site (whether or not you are a registered member) or using any of the TVplus Services on any of the Sites, you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at csu@tvplusonline.com (subject line: "TOU Question").
2. CHANGES TO THE TERMS OF USE BY TVPLUS
TVplus may amend these Terms of Use at any time by posting the amended Terms of Use on the TVplus Site at http://www.tvplusonline.com/terms.html . If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the TVplus Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.
3. ACCESS AND USE OF THE TVPLUS SERVICES
You must be at least 13 years of age to visit the TVplus Site or use the TVplus Services on any Site.
Your License. TVplus is pleased to grant you a non-exclusive limited license to use the TVplus Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by TVplus in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by TVplus. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by TVplus in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Embedding a Video Using the Video Player. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to TVplus (in TVplus 's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. TVplus reserves the right to prevent embedding to any website or other location that TVplus finds inappropriate or objectionable (as determined by TVplus in its sole discretion).
Ownership. You agree that TVplus owns and retains all rights to the TVplus Services. You further agree that the Content you access and view as part of the TVplus Services is owned or controlled by TVplus and TVplus 's licensors. The TVplus Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the TVplus Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the TVplus Services for lawful, non-commercial and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the TVplus Site or use the TVplus Services in a way that:
If TVplus determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the TVplus Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the TVplus Services and Content, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the TVplus Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the TVplus Services, you acknowledge that you will have caused substantial harm to TVplus and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay TVplus =N=5,000 for each such unsolicited communication you send through the TVplus Services.
Downloads. In order to participate in certain TVplus Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the TVplus Services with respect to any or all users, at any time without notice. You acknowledge that TVplus may do so in TVplus 's sole discretion. You also agree that TVplus will not be liable to you for any modification, suspension, or discontinuance of the TVplus Services.
4. PAYMENTS
Access to the TVplus Site and use of the TVplus Services is free. If we feel it is appropriate to charge for certain premium TVplus Services, we will, of course, notify you. You then will have an opportunity not to use such premium TVplus Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the TVplus Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at csu@tvplusonline.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing csu@tvplusonline.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the TVplus Services at any time, without notice or liability, if TVplus determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the TVplus Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the TVplus servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about TVplus 's policies and practices regarding the collection and use of your personally identifiable information, please read TVplus 's Privacy Policy located at http://tvplusonline.com/privacy . The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the TVplus Site and use of the TVplus Services on any of the Sites are governed by the TVplus Privacy Policy in effect at the time of your use.
7. LINKED WEBSITES AND ADVERTISING
Third Party Websites. If we provide links or pointers to other websites, you should not infer or assume that TVplus operates, controls, or is otherwise connected with these websites. When you click on a link within the TVplus Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.
TVplus is not responsible for the content or practices of any website other than the TVplus Site, even if it links to the TVplus Site and even if the website is operated by a company affiliated or otherwise connected with TVplus. By using the TVplus Services, you acknowledge and agree that TVplus is not responsible or liable to you for any content or other materials hosted and served from any website other than the TVplus Site.
Advertisements. TVplus takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the TVplus Services are between you and the advertiser, and you agree that TVplus is not liable for any loss or claim that you may have against an advertiser.
8. TRADEMARKS
TVplus, the TVplus logo, www.tvplusonline.com , and other TVplus marks, graphics, logos, scripts, and sounds are trademarks of TVplus. None of the TVplus trademarks may be copied, downloaded, or otherwise exploited.
9. UNSOLICITED SUBMISSIONS
It is TVplus 's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. TVplus 's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any TVplus creative work, including a film, series, story, title, or concept, would be purely coincidental.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE TVPLUS SERVICES, YOU AGREE THAT USE OF THE TVPLUS SERVICES IS AT YOUR OWN RISK. THE TVPLUS SERVICES, INCLUDING THE TVPLUS SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TVPLUS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE TVPLUS SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL TVPLUS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "TVPLUS PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE TVPLUS SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TVPLUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE TVPLUS SERVICE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TVPLUS PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE TVPLUS SERVICES. TVPLUS RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the TVplus Services, including through a link, infringes your copyright, you should notify TVplus of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which TVplus receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to TVplus's Copyright Agent at csu@tvplusonline.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
TVplus,
16, Amodu Ojikutu Street,
Victoria Island, Lagos.
Nigeria. 23401.
Tel: 234 (01) 8174789
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the TVplus Services that is reasonably sufficient to enable TVplus to identify and locate the material; (d) how TVplus can contact you, such as your address, telephone number, and email address; (e) a 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; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to csu@tvplusonline.com for purposes other than communication about copyright infringement may not be answered.
TVplus has a policy of terminating repeat infringers in appropriate circumstances.Copyright © 2011, TVplus