EbonyLife TV Terms of Use

Welcome to vod.ebonylifetv.com (the “Site”), owned by EBONYLIFE Limited (“EBONYLIFE TV” “we” “our”). We are a company registered in Nigeria (DUNS number 55-990-3714), and our address for correspondence is EbonyLife TVTinapa Studio Calabar, Cross River State, Nigeria.

We are a subscription service that provides our members (“you” “yourself” “Users”) with access to content including but not limited to access to motion pictures, television and other audio-visual entertainment (“content”) delivered over the Internet, to Internet enabled devices.

These Terms of Use, including our Privacy Policy (the “Terms”) govern your use of our service. As used in these Terms of Use, “EBONYLIFE TV service”, “our service”, or “service” means the subscription service provided by EBONYLIFE TV for discovering and watching the content, including all features and functionality, the Site, content, user interface and software associated with our service.

Acceptance of Terms of Use

By accessing, visiting, using or browsing the EBONYLIFE TV service, via this Site or any other device or other technology, you accept and agree to be bound by the Terms. Please read carefully. Further, you shall be subject to any additional terms of use that apply when you use certain products or posted guidelines or rules applicable to our service, which may be posted and modified from time to time. All such guidelines are hereby incorporated by reference into the Terms.

ANY ACCESS, USE or PARTICIPATION IN THE EBONYLIFE TV SERVICE WILL CONSITUTE ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE EBONYLIFE TV SERVICE OR OUR SITE OR ACCESS OUR SERVICE.

Changes to Terms of Use

EBONYLIFE TV may in its sole discretion, from time to time, change these Terms, at any time without notice. We will display the changes on this page of the Site and such changes shall be effective immediately.

Privacy

Please read our privacy policy here https://vod.ebonylifetv.com/privacy-policy, which also governs your use of the Site and our service, to understand our practices.

Communications

By using the EBONYLIFE TV service, you consent to receiving electronic communication from EBONYLIFE TV relating to your account. We will communicate with you by e-mail, or by posting notices on the Site or through other EBONYLIFE TV methods. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing. You also consent to receiving certain other communication from us, such as newsletters, special offers, questionnaires, customer surveys or other announcements via email or other methods. You may opt out of receiving non-transactional communications, including marketing communications from us by following the directions in our e-mail to “unsubscribe” from our mailing list, or by sending an e-mail request to ebonylifetv-support@smv-it.com. Please be aware that if you chose not to receive such communication, certain offers attached to services you have chosen may be affected. We will still communicate with you in connection with transactional communications, including but not limited to servicing your account, invoices and customer services. Please review our privacy policy here https://vod.ebonylifetv.com/privacy-policy, for other choices with regards to opting out of cookies and interest based advertising from third party advertising agencies.

EBONYLIFE TV Service

In order to access our premium service, you will have to create an account with EBONYLIFE TV either by formally registering with EBONYLIFE TV or a third party such as Facebook ("Facebook"). You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the EBONYLIFE TV service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms.

Our service may allow you to:

  1. Access content on a subscription basis for streaming over a limited period of time during the subscription period. The subscription is exclusively from our EBONYLIFE TV application.

Subject to your compliance with these Terms and your payment of any applicable fees, EBONYLIFE TV grant you a limited, revocable, non-exclusive, non- transferable, non-sub licensable license to access and make personal and non-commercial use of EBONYLIFE TV service (each a “License”):

  1. To stream Site content.

You may view content through the EBONYLIFE TV service only in geographic locations where we have licensed such content. The content that may be available to watch will vary by geographic location. EBONYLIFE TV will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

The quality of the display of the content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, your device, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. EBONYLIFE TV makes no representations or warranties about the quality of your watching experience on your device. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show or other audiovisual entertainment you have selected and the configuration of your viewing device.

We continually update the EBONYLIFE TV service, including the content library, delivery methods and pricing. And we may add or remove content from our Service, or change the basis on which the content is available on the service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

Restrictions

You agree to use the EBONYLIFE TV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree that:

Subscription, Renewal, Payment Methods

Subscription

AutomaticRenewal

If your Payment Method expires and you do not edit your Payment Method information or cancel your account, your service will automatically renew without prior notice to you, using the details of your previous payment. You must cancel your service before it renews in order to avoid Application Stores billing your account.

Payment Methods

Payments can be made via any payment method provided by Application Stores.

No Refunds

All fees and charges are non-refundable including refunds for partial months and content not watched. Very rarely, if there are special circumstances where EBONYLIFE TV determines it is appropriate (e.g., the EBONYLIFE TV service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at EBONYLIFE TV's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Cancelling your subscription

You can view details on how to cancel your account via your Application Store (Apple iTunes, Google Play) Profile page. You can cancel your EBONYLIFETV subscription at any time. However note that WE DO NOT OFFER REFUNDS.

Price changes

We reserve the right to adjust pricing for our service or any components thereof, including pricing for subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Additionally, the price may change due to Application Store pricing policy change.

Password and Account Access

You must provide accurate and complete information when creating an account during Registration. You may check, following subscription help instructions to determine whether your information is current and accurate, and if not, to correct or update your registration data.

You are responsible for all uses of your password. You agree not to assign, transfer; sublicense your rights as a user to the Site.

If EBONYLIFE TV determines, or has reasonable grounds to believe in its sole discretion that information you provided is inaccurate, incomplete, misleading or designed to deceive, EBONYLIFE TV reserves the right to immediately suspend or terminate your account, with or without notice to you, and without refund of any sums you have paid as a subscriber, and refuse to grant any and all current or future access to use of the Services, and any benefit to which you may be entitled through your access and use of the Site.

You agree to promptly update your information, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known breach of security including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your information and for any losses EBONYLIFE TV suffers due to the unauthorized use of your account.

User Material

The EBONYLIFE TV service may enable you to submit comment, information or reviews to the EBONYLIFE TV service, (“User Material”), and such User Material will generally be available to all Users of the EBONYLIFE TV service. User Materials do not include account information you provide when you register as a Member or when you subsequently change that information. EBONYLIFE TV does not endorse any User Material, and any User Materials on the EBONYLIFE TV service do not reflect the opinions or policies of EBONYLIFE TV.

We do not necessarily review User Material submitted by Users or You. We are not responsible for the content of User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. We reserve the right (but not the obligation) in our sole discretion, to refuse to post or to remove or edit any of your User Material, or the right in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the EBONYLIFE TV service, where User Material breaches the provisions of this section on User Material without notice to you.

When you provide EBONYLIFE TV with, or submit User Material, including any other material contained in any communication you may send to us, including responses to questionnaires, to the Site or as part of your use or access of the EBONYLIFE TV service, you grant EBONYLIFE TV, its subsidiaries and affiliates, an irrevocable, perpetual, non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, distribute, store, prepare derivative works of, display and publicly perform that User Material in any media now known or hereinafter created. You further grant EBONYLIFE TV the right to grant permissions to users of the Site to view such information for personal and non-commercial use. You agree that you shall immediately notify EBONYLIFE TV of any objectionable posts or other content appearing on the Site. You acknowledge and agree that EBONYLIFE TV is free to use any User Material and that you have no expectation of compensation or confidentiality of any nature with respect to any User Material.

Each time you submit User Material to us, you represent and warrant to us as follows:

  1. You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract or cause injury to any person or entity;
  2. The content is accurate.
  3. Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise objectionable, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate.
  4. In submitting your User Material you are not impersonating any other person.
  5. You agree to pay for all royalties, fees and other payments owed to any person by reason of your posting User Material.
  6. You will indemnify EBONYLIFE TV for all claims resulting from the User Material you submit.

You may encounter third party applications that interact with the EBONYLIFE TV service or features that allow you to use third party applications or services, including Facebook and Twitter. These applications or services may import date related to your EBONYLIFE TV account and activity and otherwise gather data from you. You acknowledge and agree that EBONYLIFE TV is not responsible for User Material you share with or through third party applications or services.

SUCH APPLICATIONS AND SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY EBONYLIFE TV. USE OF A THIRD PARTY APPLICATION OR SERVICE IS AT YOUR OWN OPTION AND RISK.

Intellectual Property

"Intellectual Property" in this context means copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.

Copyright

The EBONYLIFE TV service, including all content provided on the EBONYLIFE TV Service is the property of  EBONYLIFE TV or its licensors and is protected by international copyright, trade secret or other intellectual property laws and treaties.

Trademark

EBONYLIFE TV is a registered trademark of EBONYLIFE TV. EBONYLIFE TV’s trademark and trade dress may not be used in connection with any product or service that is not EBONYLIFE TV’s, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits EBONYLIFE TV. All other trademarks not owned by EBONYLIFE TV that appear in any EBONYLIFE TV service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EBONYLIFE TV.

Patents

You may not extract and/or re-utilise parts of the content of any EBONYLIFE TV service without our express written consent. In particular, you may not utilize any date mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any EBONYLIFE TV service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any EBONYLIFE TV service without our express written consent.

Copyright Infringement

EBONYLIFE TV respects the intellectual property of others. If you believe your work has been used in a way that gives rise to concerns of infringement, please notify us using the procedure below for making infringement claims.

Notice and Procedure for Claims of Copyright Infringement

If you are a Copyright Owner or an Agent asserting that any of the content on the Site infringes upon your copyrights, you may submit a notification by making available the following information to us or our Copyright Agent in writing in accordance with the procedure set forth below. We will process and take appropriate action in accordance with applicable intellectual property laws.

Your notification must contain the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A copy of your notification should be emailed to EBONYLIFE TV’s copyright agent at ebonylifetv-copyright@smv-it.com. (Please note that this contact address is only for copyright infringement claims; you will not receive a reply if the matter is not a copyright issue).

Third Party Content/Links to Other Websites

The Site may contain links to other websites or services that are not owned or controlled by EBONYLIFE TV. You acknowledge that any access is at your sole discretion and risk. We do not review or endorse any of those websites or services. We are not responsible in any way for:

  1. Any errors or omissions in relation to other websites, services or contents on the websites.
  2. The privacy practices.
  3. The availability.
  4. The content, advertising, products, goods or other materials, services or resources on or available from.
  5. The use to which others make of; these websites or services.

EBONYLIFE TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY WEBSITE, PRODUCT OR SERVICES ADVERTISED ON, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE EBONYLIFE TV SERVICE, OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. EBONYLIFE TV WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR OFFENCE CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE USE OR RELIANCE ON SUCH WEBSITES OR SERVICES.

Termination, Modifications, Suspension

We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the EBONYLIFE TV service (including the content and the devices through which the EBONYLIFE TV service is accessed), with respect to any or all Users, at any time without notice. You acknowledge that we may do so in EBONYLIFE TV’s sole discretion. You also agree that EBONYLIFE TV will not be liable to you for any modification, suspension, or discontinuance of the EBONYLIFE TV service, although if EBONYLIFE TV suspends or discontinues the EBONYLIFE TV service, EBONYLIFE TV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if EBONYLIFE TV terminates your account or suspends or discontinues your access to EBONYLIFE TV service due to your violation of these Terms, or any applicable law, rule or regulation, or engaged in other inappropriate conduct, then you will not be eligible for any such credit, refund, discount or other consideration.

In addition, EBONYLIFE TV also reserves the right to terminate or cancel your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms, or any applicable law, rule or regulation, or your engagement in other inappropriate conduct. If, EBONYLIFE TV terminates or cancels your access to the site based on the reasons in these Terms of Use above, EBONYLIFE TV reserves the right to refuse to provide you with use, or access to its Site in the future. You acknowledge that EBONYLIFE TV shall not be liable to you or any third party for termination of your access to this Site.

Disclaimers of Warranties

THE EBONYLIFE TV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATIED WITH THE EBONYLIFE TV SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EBONYLIFE TV, ITS SUBSIDARIES AND AFFILATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGNMENT.

EBONYLIFE TV, ITS SUBSIDARIES AND AFFILIATES DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE EBONYLIFE TV SERVICE, FEATURES, INFROMATION, CONTENT, MATERIALS, THE SITE, SOFTWARE OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EBONYLIFE TV SERVICE, OR ELECTRONIC COMMUNICATION SENT FROM EBONYLIFE TV ARE UNINTERUPTED OR ERROR FREE; ARE FREE FROM OF ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE SHALL BE AT YOUR SOLE RISK. EBONYLIFE TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE EBONYLIFE TV SERVICE, OR THE CONTENT.

Limitation and Exclusion of Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EBONYLIFE TV, OR ITS SUBSIDARIES OR AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF THE EBONYLIFE TV SERVICE, THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS INCLUDED OR MADE AVAIALE TO YOU THOUGH ANY EBONYLIFE TV SERVICE.

The Service is controlled and offered by EBONYLIFE TV from its facilities. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

Exclusions and Limitations

SOME JURISDICTIONS SO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IN LIMITATION AND EXCLUSION OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT EBONYLIFE TV MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF EBONYLIFE TV’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAWS.

Indemnity

You agree to indemnify, defend and hold harmless EBONYLIFE TV, its subsidiaries, affiliates, successor, and each of its officers, directors, employees, advertising and promotion agencies, representatives or agents, including EBONYLIFE TV’s distributors and licensors, (collectively the "Indemnified Parties") from and against any and all losses, liabilities, claims, obligations, damages, expenses or costs (including but not limited to attorney's fees) incurred by or made against any Indemnified Party arising from:

Governing Law

The Terms of Use of this Site is governed by and construed in accordance with the laws of Nigeria and the Court of Nigeria and the International Commerce Court shall have exclusive jurisdiction to determine any dispute in connection with the Terms of Use of our service.

Customer Support

If you have any questions concerning the use of the Site or these Terms, please contact EBONYLIFE TV customer service by sending an email request to ebonylifetv-support@smv-it.com.