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Terms of Use


Introduction

Welcome to N5 Airtel Entertainment store, owned by Airtel and operated by & proprietary to Content Provider (herein referred to as “Content Provider”)

The services provided on this Video Portal are subject to the terms and conditions as set out in this page. Please read these terms and conditions thoroughly before accessing the Video Store and if you do not wish to be bound by the Terms, you should not use this Entertainment Video Store.

The terms "we", "us", "our" or "The Company" are referred to the "Content Provider" and/or its subsidiaries. The terms "you", "your" or "yours" refer to the customer and/or visitor to the Store. The Entertainment Store reserves the right to change, modify, add or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Portal with no other notice provided.


DEFINITION OF TERMS

Unless the context otherwise requires, the following words and expressions shall have the following meanings:

"The Portal, the Video Store or this Entertainment Store" applies to the Video Store (video.ng.airtellive.com), its staff, administration, owners, agents, representatives, suppliers and partners.
"You"; "User"; "users"; "your"; "Customer" applies the visitor to this Video Store who is entering into this agreement.
Entertainment Store (video.ng.airtellive.com): is an entertainment platform that allows users of the platform to Download and subscribe the videos at different Prices with their Validity. (For e.g. N20 – 2 videos for 1 day, N50 – 5 videos for 2 days, N100 – 10 videos for 5 days, N120 – 15 videos for 30 days and N150 – 20 videos for 30 days).
The service includes all aspects of Entertainment Store, including but not limited to all products, software and services offered via the Video Store, such as "Nollywood", "Music", "Soccer", "Comedy", "Lifestyle", "Glamour","Top Gossips" and other Categories on the Video Portal.
In this Agreement "Content" shall mean any Video Store content offered for download on the Portal and “Service” shall mean any Content-related Services offered.

By using our services, the Content and/or downloading and/or using software, you automatically signify your agreement with and acceptance of our Terms of Use. You also agree to ensure that anyone who uses these services, Content, Software on your mobile handset/phone ("Device") also strictly abides by and adheres to Terms of Use. Content Provider has the right to revise, alter, change, modify, supplement and/or amend these Terms Of Use at any time for any reason, in its sole discretion, without providing notice to users. Your continued use of these services, Content and/or the software shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. We reserve the right to make revisions to or discontinue any portion of the Portal, Software, the Content and/or the Services at any time and for any reason, at our sole discretion. We may also impose limits on certain features or restrict your access to parts or the entire portal without notice or liability. You should check this Portal regularly to determine if any changes and or updates have been made to these Terms Of Use.
If you do not meet the requirements (as described below) or agree to (or cannot comply with) these Terms Of Use, as may be revised from time to time, you must stop using the Portal, Software, Content and Services and, if applicable, cancel your Subscription Service. This Agreement will terminate upon if you fail to comply with any term or condition of these Terms Of Use. In such event, no notice shall be required by Content Provider to effect such termination.

The information that you submit to the Service through the Portal remains your property, but by using the Portal, Software and Content and by participating in the Service, you grant us the right to use such information for marketing purposes, including, but not limited to, sharing such information with third parties. Content Provider may use such information to (i) directly market certain offers to you via e-mail marketing, telemarketing, direct mail, mobile telephone text messaging (including, without limitation, SMS and/or MMS) and other methods, (ii) to monitor compliance with our Portal and/or these Terms of Use, and (iii) for content improvement and feedback purposes.

By using the Portal for our Service, you are indicating that you have read and agree to these Terms of Use and its all terms and conditions, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.

1. Intellectual Property Rights

Content Provider grants you a non-exclusive, non-transferable, revocable, limited license (subject and conditional upon your continued compliance with this Agreement) to download the Content, and use the Content solely on the mobile handset (“Device”) to which it is initially downloaded. You are allowed to use the Content for your own personal use only and not for any commercial purposes or public performance. All content and all intellectual property (including but not limited to trademarks and trade names) and other third party rights in the Content are owned/controlled by Content Provider or its affiliates and/or its licensors. All Contents and services offered by Content Provider on this Portal are owned or controlled by Content Provider, subsidiaries, operator and/or affiliated companies or a third-party provider or licensor. The Content and services contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by these Terms of Use, certain other policies and agreements, and applicable law. Further, the third party providers and licensors of the Contents have reserved all rights, including without limitation all applicable rights relating to their Content, as they may prescribe from time to time. Your use of the Content or Services is subject to certain prohibitions and restriction.

2. Price and Payment

The charges for any Content downloaded or accessed and any Services used are displayed on the Entertainment Store. The relevant charges will be deducted from your available credit if you are a pre-paid customer or should appear on your next invoice from AIRTEL if you are a contract customer.
The relevant charges for the Content and Services may include VAT or any other applicable sales tax. In case of any error while downloading the Content and accessed Service within a reasonable time of completing the download, You would be able to redownload the content from “My Account” upto Max five times.

3. Support

If you experience problems ordering and/or downloading the Content or Service, you should contact customer care and tell your mobile phone number, device model, error message as well as day/time of your attempt to access the service/download the content. Content provider will suggest/rectify the problem in reasonable frame of time.

4. Restrictions

You agree not to, and not to attempt to, copy, modify, forward, distribute, reformat, display, transmit, perform, publish, transfer, reverse engineer or decompile, sell, assign, license, exploit transfer or otherwise make available the Content or any part thereof, or any rights in the same to anyone else. You are responsible for any misuse of the Content on your Device.
You are either at least 18 (Eighteen) years of age or are accessing the category “GLAMOUR” under the supervision and permission of a parent or legal guardian.
You may use the Content and Services for personal, non-commercial entertainment use only; you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the Content, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and other category content.
You are prohibited from making modifications to the Content or creating derivative works based on the Content, as well as using the Content on any networked computer environment or other website other than mobile handset (“Device”) on which content is downloaded from this portal.
You are prohibited from making any use of the Content and/or services that would infringe the copyrights therein.
You must comply with all applicable law in your use of the Content and/or services and agree to protect any third party licensor’s rights therein.
You are prohibited from making any unauthorized reproduction or distribution of Content that violates applicable law.
You agree and accept that these usage restrictions may be enforced through technological means via applicable security solutions. All rights not expressly granted to you in these Terms Of Use are reserved to Content Provider, its affiliates and/or its licensors. Content Provider (for itself and for the Content owners) reserves the right to enforce these usage rules and restrictions with or without notice to you.
Your ability to download or access the Content may be restricted or impaired when on a roaming network abroad. There are limits on the volume of the Contents that can be stored on your Device at any time. For further information please refer to the manufacturer of your Device. Differences in handset features mean that not all handsets are compatible with all Content. You are advised to check your particular Device’s compatibility before downloading or accessing the Content.
The downloading and accessibility of Content is subject to availability and may be affected by the volume of users from time to time or by congestion on the telecommunications network of your service provider. Your standard network terms and conditions continue to apply in parallel with the terms and conditions of this Agreement.

5. Right of Withdrawal

Your right to withdraw from the subscription services either when it got expired or when you wish to unsubscribe any category is respected. Feel free to do so as and when you desire to withdraw.

6. Warranties

*READ THIS CAREFULLY* THE PORTAL, SOFTWARE, THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ACCESS THEM AT YOUR OWN RISK. Content Provider MAKES NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PORTAL, SOFTWARE, THE CONTENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CUSTOM, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, OR MERCHANTABILITY. IN ADDITION, NO GUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, Content Provider MAKES NO GUARANTEES, CLAIMS, REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PORTAL, SOFTWARE, THE CONTENT OR THE SERVICES PROVIDED BY LICENSORS, AFFILIATES, MARKETERS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ON OR THROUGH THE PORTAL, SERVICES, CONTENT OR SOFTWARE.

NEITHER Content Provider NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, PROVIDERS, FACILITIES, INFORMATION PROVIDERS, LICENSORS OR OTHER SUPPLIERS PROVIDING SOFTWARE, CONTENTS AND/OR SERVICES MAKE ANY GUARANTEES, CLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND: (A) THAT THE PORTAL, SOFTWARE, THE CONTENTS AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, RELIABLE, UNINTERRUPTED, IMPAIRED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR (B) THAT ERRORS OR DEFECTS RELATED TO THE PORTAL, SOFTWARE, THE CONTENTS OR THE SERVICES WILL BE CORRECTED.. THIS DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONS AND WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THE TERMS OF USE AND YOUR PERMISSION FROM Content Provider TO ACCESS AND USE THE PORTAL, SOFTWARE, CONTENTS AND SERVICES.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PORTAL, SOFTWARE, THE CONTENTS AND THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Limitations of Liability

Parties other than Airtel/Content Provider may offer and provide products and services on or through the Portal. Except for Airtel branded information, products or services that are identified as being supplied by Airtel, content provider/Airtel do not operate, control, or endorse any information, products, or services on the Portal or accessible through the Video Store in any way. Content Provider is not responsible for examining or evaluating, and Content Provider does not warrant the offerings of, any of these businesses or individuals or the content of their websites/portals. You should carefully review their privacy statements and other conditions of use before using these redirected portals/sites.

8. General Rules

Content Provider may vary the terms and conditions of this Agreement or withdraw any or all of the Content without notice from time to time. Any alteration or addition to this Agreement shall take effect immediately once posted on the portal. You are responsible for checking the portal for any such amendments. Content Provider reserves the right to change the charges for each download or service of the Content from time to time. Any alteration or addition to the charges shall take effect immediately once posted on the portal. If any of the terms and conditions in this Agreement are determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of this Agreement. Breach of these terms by you will entitle Content Provider to terminate your use of the Content.

9. Messages and Communication

By downloading content from our Sites or subscribing to our Services you agree to receive information and marketing messages from Airtel.

10. Copyright

All the Content, services on Content Provider Portal are Proprietary and confidential. Texts, images, graphics, sounds, animation files and videos on this portal are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may they be modified or reposted to other websites/portal, nor may be transferred to other devices for what so ever reason. Content Provider Entertainment Store also contains material that is subject to the intellectual property rights of their providers. All Content Provider trademarks, names and logos are the proprietary marks of Content Provider and those identifying third parties are owned by those third parties.

You also understand that all third party content, including, without limitation all advertiser, marketer and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through the Portal, Software, Contents and Service, whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Content they have created. Content Provider has and accepts no responsibility for and does not endorse or control such Content. Content Provider does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by accessing and using the Portal, Software, Contents and Services, you may be exposed to Content that may be offensive, indecent or objectionable in your community. Under no circumstances will Content Provider, its affiliates, operators or its licensors be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the access and use of any Content posted or transmitted via the Services.

11. Use of Services By minor

By visiting, downloading or subscribing to our portal you are representing to be an adult of sound mind & you are capable to enter into agreement as per laws of the country. It is at sole discretion of parents or guardians whether or not to allow their minor children to visit or subscribe to our portal; Content Provider shall not be responsible for any claims, obligations arising due to use of services by an individual being in capacity of minor or otherwise incompetent.

12. Unauthorized Use Of Services

You represent, promise and warrant that:
You possess the legal right and ability to enter into this agreement of Terms of Use and to comply with its terms; You will use this Portal, Software, the Contents and Services for lawful purposes only and in accordance with the Terms Of Use, other applicable policies and/or agreements as per applicable laws. You will not attempt to decompile, reverse engineer or hack the portal, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by Content Provider with respect to this Portal, Software, Content, the Services and/or data transmitted, processed or stored by Content Provider, Software or the Services; you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by Content Provider or Content Provider affiliates, network operators, Providers to protect the content and files distributed by Content Provider, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files;

13. Liability to Pay Damages

Content Provider shall not be responsible to pay any damages to customer in respect of downloading & subscribing to our services which results due to violation of terms of use of Content Provider Entertainment Store Portal, technical errors in internet, mobile devices or telecommunication facilities.

14. Arbitration

If any dispute arises as to interpretation of the terms & conditions of this agreement then Content Provider shall try to resolve the genuine issues of customers, if not solved then dispute shall be referred to sole arbitrator appointed by Content Provider on filling application by either party for Arbitration. The cost of arbitration shall be borne equally by Content Provider & Customer. The arbitral proceedings and all pleadings and written evidence shall be in the English language. The result of Arbitration shall be final & binding. The place of Arbitration shall be Lagos, Nigeria.