Terms and Condition
UPDATED January 1, 2023
Play Afrika TV is an online video service provided by 263 Africa Media, Inc. (“263AM,” “we” or “us”), offering a selection of television shows, movies, clips, and other content highlighting afro-centric food, culture and lifestyle from Africa and the diaspora (collectively, the “Content”). Play Afrika TV, the Content and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by 263AM through a variety of Access Points (as defined below) are collectively referred to in these Terms of Use as the “Services.” The term “Access Points” refers to, collectively, the playafrika.tv website (the “Play Afrika TV site”), mobile, tablet or television applications, and any other channels or access points where any Services are available, including websites and other access points of 263AM’s third party distribution partners.
Your use of the Services (including access to the Content) is subject to compliance with these Terms of Use which incorporate by reference our Privacy Policy available at https://www.playafrika.tv/privacy (“Privacy Policy”) and any end user license agreement that might accompany the applicable Service. By visiting the Play Afrika Site or using any of the Services through any other Access Point you are agreeing to these Terms.
1. AGE LIMITATIONS
The Services are not intended to be used by children without the approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Play Afrika TV or provide your personal information to 263AM. If you are at least 13 and under 18 years of age (or under the age of majority in your state or country of residence), you may register with Play Afrika TV only if you have obtained the consent of your parent or guardian, including their consent to these Terms of Use on your behalf.
2. 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), or pay-per-view 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).
3. BILLING
4. CANCELLATION
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
Subject to these Terms of Use, 263AM hereby grants to you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis for personal, non-commercial purposes as set forth in these Terms of Use. In furtherance of the foregoing, you may not either directly or through the use of any means (including, without limitation, any device, software, website or other web-based service) remove, alter, bypass, avoid or interfere with any copyright, trademark or other proprietary notices marked on the Content or any content protection or access control measure associated with the Content (including, without limitation, any geo-filtering mechanisms). You may not either directly or through the use of any means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by 263AM in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by 263AM in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by 263AM. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by 263AM in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
6. YOUR RESPONSIBILITIES
You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Accordingly, you agree to observe the restrictions detailed in these Terms of Use, and further agree that you will not use the Services (including, without limitation, any User Forum) in a way that:
If 263AM determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you; and (ii) block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
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 263AM and that the amount of such harm would be extremely difficult to measure.
8. FORUMS AND PUBLIC COMMUNICATIONS
263AM may provide, from time to time and in its sole discretion, one or more chat areas, message boards, bulletin boards, user review platforms and/or other interactive areas as part of the Services (collectively, “User Forums”). User Forums are provided by 263AM subject to these Terms of Use, the Community Guidelines (as defined in Paragraph 7 below), the Privacy Policy, and other rules that may be published from time to time by 263AMin its sole discretion. The individual who posts messages, reviews, content or other information in the User Forums (collectively, “User Content”) is responsible for the reliability, accuracy and truthfulness of such User Content, and 263AM has no control over the same, nor does 263AM have any control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable. 263AMdoes not endorse the User Content and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a User Forum. 263AM does not and cannot review every message posted in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. 263AM reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in 263AM’s sole discretion. In addition, 263AM may delete, move, edit or disclose User Content when it is required to do so by law or based on a good faith belief that such action is necessary to protect and defend the rights and property of 263AM or to protect the safety of our users or the public. In no event does 263AM assume any obligation to monitor the User Forums or remove any specific material. You understand that any User Content uploaded to or posted in any User Forum will not be subject to any obligation of confidence on the part of 263AM, and 263AM shall not be liable for any use or disclosure of any User Content. In consideration for your use of the User Forums and functionality, you agree to comply with the Community Guidelines set forth in Paragraph 7 below. Without limiting 263AM’s other rights and remedies, individuals who violate the following Community Guidelines may, at 263AM’s sole discretion, be banned from using the User Forums and/or the Services entirely.
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 263AM 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:
By posting or uploading any User Content to the Services, any User Forum or submitting any other User Content to 263AM you automatically grant (or warrant that the owner of such rights has expressly granted) to 263AM 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
If we provide links or pointers to other websites or destinations, you should not assume that 263AM operates, controls or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms of Use do not govern your use of another website or destination and you should read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. 263AM is not responsible for the content or practices of any website or destination other than the Play Afrika Site, even if it links to the Play Afrika Site and even if the website or destination is operated by a company affiliated or otherwise connected with 263AM. By using the Services, you acknowledge and agree that 263AM is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Play Afrika Site.
263AM 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 263AM 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 263AM 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
In order to partici263AMe in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms of Use. From time to time, we may make changes to the Services, including without limitation, the availability of the Content as well as Access Points through which the Services are available. 263AM reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific Content, and to otherwise make changes in how we operate the Services. Additionally, you understand and agree that for various reasons (including, among other things, restrictions from content owners), certain Content that may be available through one Access Point may not be available through another Access Point. We reserve the right to change, suspend, or discontinue some or all of the Services, either temporarily or permanently, with respect to any or all users, at any time without notice. You agree that 263AM will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a Play Afrika TV subscriber and 263AM suspends or discontinues your subscription to the Services, 263AM may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if 263AM terminates your account or suspends or discontinues your access to Services due to your violation of these Terms of Use, then you will not be eligible for any such credit, refund, discount or other consideration.
12. OWNERSHIP; TRADEMARKS
You agree that 263AM 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 263AM and 263AM’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws. Play Afrika TV, the Play Afrika TV logo, and other 263AM marks, graphics, logos, scripts, and sounds are trademarks of 263AM. None of the Play Afrika TV or 263AM trademarks may be copied, downloaded, or otherwise exploited.
13. UNSOLICITED SUBMISSIONS
263AM does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. 263AM’s policy is to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any 263AM creative work, whether available on the Play Afrika TVSite or otherwise offered by 263AM, 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, 263AM DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COM263AMIBILITY 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 “263AM 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 263AM 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 PARTICI263AMING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TAC PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). TAC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
15. USE OF PERSONAL INFORMATION
For information about 263AM’s policies and practices regarding the collection and use of your information, please read the Privacy Policy available at demandafrica.com/privacy. By agreeing to these Terms of Use, you agree that your use of the Services through any Access Point is governed by the Privacy Policy in effect at the time of your use.
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 263AM 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 263AM of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that 263AM receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to 263AM at info@playafrika.tv (subject line: “Play Afrika TV Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Play Afrika Copyright Claim
263 Africa Media, Inc.
35 Coronation Ave
Greendale, Harare
Zimbabwe
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 263AM to identify and locate the material; (iv) how 263AM 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 info@playafrika.tvfor purposes other than communication about copyright infringement may not be answered.
18. CHANGES TO TERMS OF USE
From time to time we may need to make changes to these Terms of Use, to describe updates or improvements in how the Services work, to reflect changes in the law and/or for a variety of other reasons. Any such changes to these Terms of Use are in our discretion. You should look at these Terms of Use regularly, which are posted on the Play Afrika TV Site at playfrika.tv/terms-of-use or otherwise accessible on Play Afrika TV applications. If we make a material change to these Terms of Use, we will notify you by posting a notice on the Play Afrika TV Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms of Use will be effective automatically 30 days after the revised Terms of Use are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.