Effective as of May 1, 2017
1. AGE LIMITATIONS
- Membership Registration. Certain parts or features of the Services may require you to create a membership account. To create a membership account, you will be required to create a user name and password, provide certain personal information about yourself, and provide a valid credit card or other accepted method of payment (a “Payment Method”). You must have internet access to use the Services. Your membership, which may start with a free trial, will continue month-to-month (or year-to-year if you purchase our 12 month membership option) and automatically renew unless and until you cancel your membership or we terminate it. We will bill the monthly membership fee (or 12 month membership fee, as applicable) to your Payment Method. You must cancel your membership before it renews each month (or 12 month period, as applicable) in order to avoid billing of the next month’s membership fees to your Payment Method (or the next year’s membership fee if you purchase our 12 month membership option).
- Free Trials. Your membership may start with a free trial. The free trial period of your membership lasts for seven (7) days. Free trials are for new and certain former members of the Services only and we reserve the right, in our absolute discretion, to determine your eligibility for a free trial period. At the end of the free trial period of your membership, we will begin billing your Payment Method for monthly membership fees and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “Your Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register.
- Periodic Billing. When you become a member of the Services and providie a Payment Method, you authorize us to charge you a monthly membership fee or annual membership fee (as applicable) at the then current rate, and any other charges you may incur in connection with your use of the Services, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month (or annual period if you elect to purchase a 12 month membership plan) may vary from time to time for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly (or annually if you elect to purchase a 12 month membership plan) in one or more charges.
- Billing Cycle. For an annual membership plan, the $69.99 membership fee will be billed at the beginning of the paying portion of your membership (your “Membership Start Date”) and thereafter on each 12 month anniversary of your Membership Start Date unless and until you cancel your membership. For a monthly membership plan, the $6.99 monthly membership fee will be billed on the Membership Start Date and each month thereafter unless and until you cancel your membership. For monthly memberships, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on March 31, your next payment date is likely to be April 30, and your Payment Method would be billed on that date. You can see your Membership Start Date by visiting our website and clicking on the “Your Account” page.
- NO REFUNDS. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods.You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your membership at any time. If you elect to cancel your membership, you will continue to have access to the Services through the end of your monthly or annual billing period (as applicable). WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel your membership, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for the Services using your account with a third party as a Payment Method, and wish to cancel your membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Services through that third party. You may also find billing information about your membership by visiting your account with the applicable third party.
5. LIMITED LICENSE; USE OF CONTENT
6. YOUR RESPONSIBILITIES
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by TAC (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including TAC’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
- uses the Services to advertise or promote services that are not expressly approved in advance in writing by TAC;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- interferes with any other party’s use and enjoyment of the Services; or
- attempts to do any of the foregoing.
7. UNSOLICITED COMMUNICATIONS
You may not use the Services to gather or collect information about users for the purpose of sending, or assisting others to send, unsolicited bulk, “spam” or other communications. You agree that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to TAC and that the amount of such harm would be extremely difficult to measure.
8. FORUMS AND PUBLIC COMMUNICATIONS
9. COMMUNITY GUIDELINES
By entering any User Forum, you hereby agree to comply with the limitations described in Paragraph 4 and the following guidelines (collectively, the “Community Guidelines”). You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the User Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in TAC terminating or suspending your access to a User Forum and/or your access to the Services. You agree that while using any User Forum you will not:
- harass, threaten, embarrass or cause distress or discomfort upon another User Forum participant, user, or other individual or entity;
- transmit any User Content in any User Forum that TAC considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist, sexist or otherwise objectionable;
- misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any User Forum any person or entity, including but not limited to, a Demand Africa or TAC official, chat or message board leader, guide or host, or make false or misleading statements;
- disrupt the normal flow of dialogue in a TAC chat room or otherwise act in a manner that negatively affects other participants;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation while using or accessing any User Forum; or
- upload, post, transmit, send, share, store, distribute or otherwise make available on the Services any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers.
By posting or uploading any User Content to the Services, any User Forum or submitting any other User Content to TAC, you automatically grant (or warrant that the owner of such rights has expressly granted) to TAC a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Services or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute or otherwise make available on the Services complies with each of the foregoing Community Guidelines.
10. THIRD PARTY LINKS AND ADVERTISING
TAC shall have no responsibility for and does not endorse any third party advertisements or any third party material posted on any Access Point where the Services are available, nor does TAC take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that TAC is not liable for any loss or claim that you may have against an advertiser or responsible for the confidentiality or misuse of any confidential or personal information provided to any such advertiser.
11. ADDITIONAL DOWNLOADS; CHANGES TO SERVICES
12. OWNERSHIP; TRADEMARKS
You agree that TAC owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by TAC and TAC’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws. Demand Africa, the Demand Africa logo, and other TAC marks, graphics, logos, scripts, and sounds are trademarks of TAC. None of the Demand Africa or TAC trademarks may be copied, downloaded, or otherwise exploited.
13. UNSOLICITED SUBMISSIONS
TAC does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. TAC’s policy is to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any TAC creative work, whether available on the Demand Africa Site or otherwise offered by TAC, and including a film, series, story, title, or concept, is purely coincidental.
14. LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES (INCLUDING THE DEMAND AFRICA SITE, THE CONTENT, USER FORUMS AND USER CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT) 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, TAC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL TAC OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “TAC 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 SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TAC 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 OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE.
15. USE OF PERSONAL INFORMATION
16. CUSTOMER SERVICE
If you encounter any difficulties accessing or using the Services, please do not hesitate to contact our customer service department by visiting the Cleeng friendly customer support team here.
17. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Content, or other material provided through the Services, including through a link, infringes your copyright, you should notify TAC of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that TAC receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to TAC at email@example.com (subject line: “Demand Africa Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Demand Africa Copyright Claim
The Africa Channel, Inc.
5200 Lankershim Blvd., Suite #750
North Hollywood, CA 91601
Facsimile: (818) 760.7754
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable TAC to identify and locate the material; (iv) how TAC can contact you, such as your address, telephone number, and email address; (v) 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 (vi) 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 firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.
19. MISCELLANEOUS; ARBITRATION OF CLAIMS