Terms and Condition
UPDATED January 1, 2023
1. AGE LIMITATIONS
, 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).
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
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
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
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
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.
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 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 firstname.lastname@example.org (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
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 email@example.com purposes other than communication about copyright infringement may not be answered.