Terms And Conditions
These Terms and
Conditions govern your use of this website and any products, channels,
software, data feeds and services, including the embeddable video player
provided to you. In using this website, you are deemed to have read in
full and agreed to the Terms and Conditions. If you disagree with these
terms and conditions or any part of these terms and conditions, you must
not use this website.
The Terms apply to all
users of the Service, including users who are also contributors of
Content, on the Service. “Content” includes the text, software, scripts,
graphics, photos, sounds, music, videos, audiovisual combinations,
interactive features and other materials you may view on, access through
or contribute to the Service.
The following
terminology applies to these Terms and Conditions, Privacy Statement and
Disclaimer Notice and any or all Agreements: “Client”, “You”, and
“Your” refers to you, the person accessing this website and accepting
the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and
“Us” refers to our Company. “Party”, “Parties”, or “Us” refers to both
the Client and ourselves, or either the Client or ourselves. All terms
refer to the offer, acceptance, and consideration of payment necessary
to undertake the process of our assistance to the Client in the most
appropriate manner, whether by formal meetings of a fixed duration, or
any other means, for the express purpose of meeting the Client’s needs
in respect of provision of the Company’s stated services/products, in
accordance with and subject to prevailing Law. Any use of the above
terminology or other words in the singular, plural, capitalisation
and/or he/she or they, are taken as interchangeable and therefore as
referring to same.
OUR POLICIES AND REQUIREMENTS FOR USERS/CONTENT PARTNERS/PREMIUM PARTNERS/CONTROL/SUPERVISION
Requirements for Users
You
must be at least [18] years of age to use this website. By using this
website and by agreeing to these Terms and Conditions you warrant and
represent that you are at least [18] years of age.
By
submitting your text, software, scripts, graphics, photos, sounds,
music, video to our website for consideration for posting you hereby
confirm the rights and responsibilities that you have with regard to the
video and hereby grant pulse.ng the irrevocable right and license to
duplicate, broadcast, exhibit, transmit and exploit the video, or to
allow pulse.ng to grant sublicenses to third parties to duplicate,
broadcast, exhibit, transmit and exploit the video, on the internet,
mobile platforms or other media throughout the world.
You
hereby acknowledge that you shall receive valuable consideration from
pulse.ng for submitting your text, software, scripts, graphics, photos,
sounds, music, videos for posting to our website.
You represent that you either created the content yourself or have received the legal right and
authority from the person who created the text, software, scripts, graphics, photos, sounds, music, video to grant pulse.ng full and unrestricted rights to the text, software, scripts, graphics, photos, sounds, music, video, and that our exercise of such rights shall not constitute an infringement of any copyright, civil, personal or property right of any third party. If you are submitting a text, software, scripts, graphics, photos, sounds, music, video, you represent that you have full authority, permission and license from all copyright holders.
authority from the person who created the text, software, scripts, graphics, photos, sounds, music, video to grant pulse.ng full and unrestricted rights to the text, software, scripts, graphics, photos, sounds, music, video, and that our exercise of such rights shall not constitute an infringement of any copyright, civil, personal or property right of any third party. If you are submitting a text, software, scripts, graphics, photos, sounds, music, video, you represent that you have full authority, permission and license from all copyright holders.
Unless
otherwise agreed to in writing pulse.ng, shall have no obligation to
publish or post your text, software, scripts, graphics, photos, sounds,
music, video. For all videos published or posted upon the site, we
reserve the right to remove the video at our discretion and we will give
no refunds or compensation.
You hereby agree that
you will indemnify pulse.ng, its officers, employees and agents, from
and against any and all claims, demands, actions, losses, liabilities,
costs and expenses arising from any breach or alleged breach of any
term, warranty or condition of this agreement, or from any claims of
infringement or alleged infringement arising from your text, software,
scripts, graphics, photos, sounds, music, video submission.
PAYMENTS
Content
providers will be paid for the text, software, graphics, photos,
sounds, music and video clips submitted to pulse.ng for streaming on the
website. Payment due will be made on net 30 basis after a statement of
invoice has been provided to the Content provider.
PROTECTING OTHER PEOPLE’S RIGHTS
We respect other people’s rights, and expect you to do the same.
a.
Copyright and other relevant intellectual property rights exist on all
text relating to the Company’s services and the full content of this
website.
b. You will not take any action that infringes or violates someone else’s rights or otherwise violates the law.
c. We can remove any content or information if we believe that it violates this Statement or our policies
d. If you repeatedly infringe other people’s intellectual property rights, we will disable your content when appropriate.
e. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
b. You will not take any action that infringes or violates someone else’s rights or otherwise violates the law.
c. We can remove any content or information if we believe that it violates this Statement or our policies
d. If you repeatedly infringe other people’s intellectual property rights, we will disable your content when appropriate.
e. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Digital Millennium Copyright Act
Pulse.ng
take copyright infringement very seriously. However, if you are a
copyright owner or an agent thereof and can identify any content on the
Site which is not a work for which you are compensated through a music
licensing agency, and which you believe is infringing your copyright(s),
you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Designated Agent (as set forth
below) with the following information in writing (see 17 U.S.C.
512(c)(3) for further details):
• A physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
• 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 us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address;
• 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; and
• 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.
The fastest way to get our team to review your request is to send us a copyright infringement notice from our support page
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
• 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 us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address;
• 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; and
• 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.
The fastest way to get our team to review your request is to send us a copyright infringement notice from our support page
GOVERNMENT REQUIREMENTS, COMPLIANCE, TAXES
Governing Laws
These
Terms and Conditions shall be governed by and interpreted in accordance
with all applicable federal and state laws, rules and regulations of
Nigeria. By accessing this website and using our services, you consent
to these terms and conditions and to the exclusive jurisdiction of the
Ireland courts in all disputes arising out of such access. If any of
these terms are deemed invalid or unenforceable for any reason, then the
invalid or unenforceable provision will be severed from these terms and
the remaining terms will continue to apply. Failure of the Company to
enforce any of the provisions set out in these terms and Conditions and
any Agreement, or failure to exercise any option to terminate, shall not
be construed as waiver of such provisions and shall not affect the
validity of these Terms and Conditions or of any Agreement or any part
thereof, or the right thereafter to enforce each and every provision.
General restrictions on use
pulse.ng
hereby grants you permission to access and use the Service, subject to
the following express conditions, and you agree that your failure to
adhere to any of these conditions shall constitute a breach of these
Terms on your part:
a) you agree not to distribute
any part of or parts of the Website or the Service, including but not
limited to any Content, in any medium without pulse.ng prior written
authorisation, unless pulse.ng makes available the means for such
distribution through functionality offered by the Service;
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses unless you obtain pulse.ng prior written approval:
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses unless you obtain pulse.ng prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content ;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service
d) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the pulse.ng servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
e) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include pulse.ng account names);
f) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
g) you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Hituptv.com.ng or the respective licensors of the Content.
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content ;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service
d) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the pulse.ng servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
e) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include pulse.ng account names);
f) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
g) you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Hituptv.com.ng or the respective licensors of the Content.
Content
a)
As an interested party, you may submit Content. You understand that
whether or not Content is published, pulse.ng does not guarantee any
confidentiality with respect to Content.
b) You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to pulse.ng and other users of the Service.
c) You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. pulse.ng does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content.
d) You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable pulse.ng to use your Content for the purposes of the provision of the Service by and otherwise to use your Content in the manner contemplated by the Service
and these Terms.
e) You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess, publish or distribute in the country in which you are resident, or which it would be unlawful for pulse.ng to use or possess, publish or distribute in connection with the provision of the Service.
f) You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material
g) On becoming aware of any potential violation of these Terms, pulse.ng reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
h) You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against pulse.ng with respect to any such Content.
ireportstv.co Rights
When you upload or post Content to pulse.ng, you grant:
b) You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to pulse.ng and other users of the Service.
c) You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. pulse.ng does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content.
d) You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable pulse.ng to use your Content for the purposes of the provision of the Service by and otherwise to use your Content in the manner contemplated by the Service
and these Terms.
e) You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess, publish or distribute in the country in which you are resident, or which it would be unlawful for pulse.ng to use or possess, publish or distribute in connection with the provision of the Service.
f) You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material
g) On becoming aware of any potential violation of these Terms, pulse.ng reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
h) You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against pulse.ng with respect to any such Content.
ireportstv.co Rights
When you upload or post Content to pulse.ng, you grant:
a)
to pulse.ng, a worldwide, non-exclusive, royalty-free, transferable
licence (with right to sub-licence) to use, reproduce, distribute,
prepare derivative works of, display, and perform that Content in
connection with the provision of the Service and otherwise in connection
with the provision of the Service pulse.ng’s business, including
without limitation for promoting and redistributing part or all of the
Service (and derivative works thereof) in any media formats and through
any media channels;
b) to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
c) The above licences granted by you in Content terminate when you remove or delete your Content from the Website. The above licences granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
d) With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licenced to, pulse.ng and is subject to copyright, trade mark rights, and other intellectual property rights of pulse.ng or its licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of pulse.ng or, where applicable pulse.ng’s licensors. Hituptv.com.ng and its licensors reserve all rights not expressly granted in and to their Content.
b) to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
c) The above licences granted by you in Content terminate when you remove or delete your Content from the Website. The above licences granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
d) With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licenced to, pulse.ng and is subject to copyright, trade mark rights, and other intellectual property rights of pulse.ng or its licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of pulse.ng or, where applicable pulse.ng’s licensors. Hituptv.com.ng and its licensors reserve all rights not expressly granted in and to their Content.
Taxes
As
between you and the Company, we are responsible for all taxes (if any)
associated with the transactions between the Company and advertisers in
connection with the maintenance of this website. You are responsible for
all federal, state and local taxes, fees and other assessments (if
any), which are required by law to collect and remit to the government
on the Services that we provide to you. These charges may change from
time to time without prior notice.
DISCLAIMER
Hituptv.com.ng accepts no responsibility whatsoever for the content of any site
connected to this website whether by hyper-link or otherwise. Any links
provided from its website are on an ‘as is’ basis and with no warranty
whatsoever whether express or implied as to their functionality, use, or
in respect of the information provided on or linked to their related
sites.
Hituptv.com.ng take all reasonable steps to
ensure that the information displayed on its website is accurate and up
to date but we accept no liability whatsoever (save liability for
grievous personal injury or death resulting from Hituptv.com.ng ‘s own
intentional act or that of its employees acting strictly in accordance
with their contract of employment with the company) for any loss
occasioned to any person firm or company (whether direct, indirect or
consequential) nor for any damages (whether general, special or
aggrivated, punitive including triple damages), costs, claims or
expenses arising from any action, error or omission on Hituptv.com.ng part or
that of its employees or agents or any other third parties in connection
with the information displayed on its website.
Except
to the extent prohibited by applicable laws. Hituptv.com.ng and/or any of its
affiliates disclaim all liabilities, obligations, warranties or
responsibility in any event whatsoever and make no representation,
either express or implied, statutory or otherwise, including warranties
or representations with respect to the accuracy, reliability,
completeness, fitness for particular purpose, merchantability,
non-infringement of third parties rights and/or safety of the contents
of this Web Site, and any representations and warranties relating
thereto are expressly disclaimed. Hituptv.com.ng and/or any of its affiliates
shall not be liable for any loss or damage arising out of your use or
access, or inability to use or access, the Web Site. Hituptv.com.ng does not
warrant that the functions contained in the materials available on this
site will be uninterrupted or error-free, that defects will be
corrected, or that the materials, this site or the server that makes
them available are free of viruses or other harmful components. You
assume the entire risk and cost of all necessary servicing, repair and
correction.
You expressly understand and agree
that your use of the services is at your sole risk. The services and
materials in this site are provided on an “AS IS” and “AS AVAILABLE”
basis. Hituptv.com.ng make no representation or warranty that the services
will meet your requirements or expectations, or that the services will
be uninterrupted, timely, secure, or error free. We further disclaim any
representation or warranty that any errors in technology will be
corrected. Any material downloaded or otherwise obtained through the use
of the services is obtained at your own discretion and risk. Hituptv.com.ng
are not accountable, liable indebted to you or responsible for any
damage to your computer system or loss of data that results from the
download of any such material, whether due to computer virus or
otherwise. We make no representation or warranty as to the completeness,
accuracy or reliability of any third party information or data that you
obtain through the use of the services.
We may
periodically amend, add, delete, update or alter the services including,
without limitation, these terms and conditions. We may suspend or
discontinue the services provided through this Web Site at any time
without any prior notice. Except as otherwise required by applicable
law, we assume no liability or responsibility for any errors or
omissions in the content of the site. Moreover, any portion of the
materials available on this site may include technical inaccuracies or
typographical errors. Changes may be made from time to time without
notice to the materials available on this site, the Software and to the
products described on this site.
You agree that
neither we nor any of our officers, directors, employees, shareholders,
parents, subsidiaries, affiliates, agents or third party service
providers nor our vendors, suppliers, or licensors is responsible for
any damages resulting from:
anything done or not done by us and/or someone else;
providing or failing to provide services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted services, etc.);
traffic or other accidents, or any health-related claims relating to our services;
data content or information lost or accessed while using our services;
interrupted, failed, or inaccurate location information services;
information or communication that is blocked by a spam filter or other security or safeguard device;
damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or boost storage space from your use of the services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or
things beyond our control, including acts of god (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.
You should implement appropriate safeguards to secure your device, computer, or equipment and to backup your information stored on each.
providing or failing to provide services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted services, etc.);
traffic or other accidents, or any health-related claims relating to our services;
data content or information lost or accessed while using our services;
interrupted, failed, or inaccurate location information services;
information or communication that is blocked by a spam filter or other security or safeguard device;
damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or boost storage space from your use of the services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or
things beyond our control, including acts of god (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.
You should implement appropriate safeguards to secure your device, computer, or equipment and to backup your information stored on each.
To the extent
allowed by law, our liability for monetary damages for any claims that
you may have against us is limited to no more than the proportionate
amount of the service charges attributable to the affected period. Under
no circumstances are we liable for any incidental, consequential,
punitive, multiple, or special damages of any nature whatsoever arising
out of or related to providing or failing to provide services in
connection with a device, including, but not limited to, lost profits,
loss of business, or cost of replacement products and services.
AMENDMENT, ASSIGNMENT, WAIVER
Amendment and Notification of Changes
The
Company reserves the right to change, amend, modify, or revise these
conditions from time to time as it seems fit and your continued use of
the site will signify your acceptance of any adjustment to these terms.
Any use of the Services following such notice will constitute your
agreement to such change(s). If there are any changes to our privacy
policy, we will announce that these changes have been made on our home
page and on other key pages on our site. If there any changes on how we
use the site customers’ Personally Identifiable Information,
notification by e-mail or postal mail will be made to those affected by
this change. We will post the amended terms and conditions on the Site,
together with a notice that these Terms and Conditions have been
amended. You are therefore advised to re-read this statement on a
regular basis.
Further, we may, from time to time,
revise or update the applications, services, and/or related material,
which may render all such prior versions obsolete. Consequently, we
reserve the right to terminate these Terms and Conditions as to all such
prior versions of the applications, services, and/or related material
and limit access to only the most recent revisions and updates.
These
terms and conditions form part of the Agreement between the Client and
the Company. Your accessing of this website and/or undertaking of a
contract or booking indicates your understanding, agreement to and
acceptance, of the Disclaimer Notice and the full Terms and Conditions
contained herein. Your statutory Consumer Rights are unaffected.
Assignment
You
may not transfer, assign, or sub-contract any of your rights and
obligations under these Terms and Conditions. We may assign, transfer,
or sub-contract our rights and obligations under these Terms and
Conditions without notifying you or obtaining your consent, and with no
further liability.
Waiver
Failure
of either Party to insist upon strict performance of any provision of
this or any Agreement or the failure of either Party to exercise any
right or remedy to which it, he or they are entitled hereunder shall not
constitute a waiver thereof, and shall not cause a diminution of the
obligations under this or any Agreement. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of these Terms and Conditions. No waiver of any of the provisions of
this or any Agreement shall be effective unless it is expressly stated
to be such and signed by both Parties. No delay or omission on our part
in exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies. A waiver on any one
occasion shall not be construed as a bar or waiver of any rights or
remedies on future occasions.
DISPUTE RESOLUION, SUSPENSION AND TERMINATION
Arbitration Clause
Notwithstanding
anything herein, you agree that in the event of any legal dispute you
have with us regarding the interpretation of these terms herein, and in
the event of any legal dispute you have with us pertaining to your use
of the Services, you will forego litigation and take the matter to
binding arbitration should you choose to proceed with your dispute. A
party electing arbitration shall initiate it through an established
alternative dispute resolution (“ADR”) provider mutually agreed upon by
the parties. The ADR provider and the parties must comply with the
following rules: (a) the arbitration shall be conducted, at the option
of the party seeking relief, by telephone, online, or based solely on
written submissions; (b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and (c) any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.You
further agree that any arbitration award in your favor shall not exceed
the aggregate dollar amount for all causes and claims of damage and
liability as specified herein.
Suspension
Hituptv.com.ng reserves the right, in its sole discretion, to suspend you and your
content at any time and for any length of time. In the event, and for so
long as, Hituptv.com.ng suspends you, you shall have no ability to upload any
Works on the Website, but you may continue to access the platform and
download Works and view and comment on the Hituptv.com.ng website and, if
applicable, our other member websites, and post material or other
content on your personal Member website if applicable. For clarification
purposes, Hituptv.com.ng shall not remove any Works you have uploaded prior
to suspension of your Membership Account and such Works shall continue
to be available for streaming.
Termination Terms
This
Agreement shall continue in perpetuity unless terminated in accordance
with this Section. Hituptv.com.ng at any time may terminate this Agreement in
its sole discretion, including, without limitation, for breach by you of
any of your representations, warranties or obligations under this
Agreement, or for inactivity by you with respect to use of the Website.
You may at any time terminate this Agreement by sending a termination
request to Hituptv.com.ng. In the event termination is by Hituptv.com.ng, we shall
notify you of such termination. Hituptv.com.ng reserves the right, in its sole
discretion, to terminate your usership at any time, including, without
limitation, deactivating your materials.
If your
agreement is terminated for violation of the terms of the Agreement
herein, the termination will be treated as if the account holder had
initiated the termination, effective on the date that the account holder
was terminated.
Effect of Termination
Upon any termination of this Agreement:
All
Works uploaded by you shall be removed from the Website; provided,
however, that Hituptv.com.ng may continue to use the Work for internal
archival and reference purposes;
any and all Standard Credits shall be redeemable by you for cash, minus any transactional expense in accordance with Hituptv.com.ng Standard pricing and payment policies and you shall forfeit all rights, title and interest in and to any and all Offered Credits.
Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as a Upload Agreement or Download Agreement.
any and all Standard Credits shall be redeemable by you for cash, minus any transactional expense in accordance with Hituptv.com.ng Standard pricing and payment policies and you shall forfeit all rights, title and interest in and to any and all Offered Credits.
Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as a Upload Agreement or Download Agreement.
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