Shakara Africa™ (“Shakara Africa™,” “we,” or “us”) provides an online video service offering a selection of television shows, movies, clips, and other Content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, materials, or other services offered from time to time by Shakara Africa™ through a variety of Access Points (defined below) are referred to collectively as the “Shakara Africa™ Services.” The term “Access Points” refers to, collectively, the shakaraafrica.tv website (the “Shakara Africa™ Site”), applications, and other means through which the Shakara Africa™ Services may be accessed, including websites and applications of Shakara Africa™’s third party distribution partners, and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
Use of the Shakara Africa™ Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable Shakara Africa™ Service. Therefore, by visiting the Shakara Africa™ Site or using any of the Shakara Africa™ Services through any other Access Point, you are agreeing to these Terms.
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Shakara Africa™ Services work or changes in the law. You should look at these Terms regularly, which are posted on the Shakara Africa™ Site at ShakaraAfrica.com/terms and are accessible via a link at the bottom of every page. In addition, you can access these Terms from all Shakara Africa™ applications. If we make a material change to these Terms, we will notify you by posting notice of the change on the Shakara Africa™ 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 change taking effect. Therefore, it is very important that you keep your account information, including email address, updated. Material changes to these Terms shall be effective automatically 30 days after they are initially 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.
3.1 Age Limitations. Shakara Africa™ Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Shakara Africa™ or provide your personal information to Shakara Africa™. If you are at least 13 and under 18 years of age, you may register with Shakara Africa™ only if you have the consent of your parent or guardian.
3.2 Your License. Shakara Africa™ is pleased to grant you a non-exclusive limited license to use the Shakara Africa™ Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other Content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other 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 Shakara Africa™ 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 Shakara Africa™ in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Shakara Africa™. 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 it is expressly permitted by Shakara Africa™ in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other Content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.5 Embedding a Video Using the Video Player. Where Shakara Africa™ has incorporated an embed option in connection with Content on the Shakara Africa™ Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts Content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Shakara Africa™ (in Shakara Africa™’s sole discretion), or (ii) links to infringing or unauthorized Content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Shakara Africa™ reserves the right to prevent embedding to any website or other location that Shakara Africa™ finds inappropriate or objectionable (as determined by Shakara Africa™ in its sole discretion).
3.6 Ownership. You agree that Shakara Africa™ owns and retains all rights to the Shakara Africa™ Services. You further agree that the Content you access and view as part of the Shakara Africa™ Services is owned or controlled by Shakara Africa™ and Shakara Africa™’s licensors. The Shakara Africa™ Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.7 Software Downloads. In order to participate in certain Shakara Africa™ 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.
3.8 Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Shakara Africa™ Services (including the Content and the devices through which the Shakara Africa™ Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Shakara Africa™ may do so in Shakara Africa™’s sole discretion. You also agree that Shakara Africa™ will not be liable to you for any modification, suspension, or discontinuance of the Shakara Africa™ Services.
3.9 Internet Access Charges. You are responsible for any costs you incur to access the internet.
3.10 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page at ShakaraAfrica.com/help. It would be our pleasure to serve you.
We may from time to time offer various features that require registration or the creation of an account with Shakara Africa™. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Shakara Africa™ Services.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Shakara Africa™ representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email using the customer support form available at Shakara Africa™.com/help as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
We reserve the right to immediately terminate or restrict your account or your use of the Shakara Africa™ Services or access to Content at any time, without notice or liability, if Shakara Africa™ determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Shakara Africa™ Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Shakara Africa™ servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
6.1 Your Posts. As part of the Shakara Africa™ Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Shakara Africa™ Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Shakara Africa™ Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Shakara Africa™ using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Shakara Africa™ the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Shakara Africa™ will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Shakara Africa™ does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Shakara Africa™. After posting your User Material, you continue to retain all of the same ownership rights you had prior to posting. By Posting your User Material, you grant Shakara Africa™ a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Shakara Africa™ Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Shakara Africa™ is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Shakara Africa™), fully-paid, royalty-free (meaning that Shakara Africa™ is not required to pay you for the use of your User Material), and sub-licensable (so that Shakara Africa™ is able to use its affiliates, subcontractors, and other partners, such as internet Content delivery networks, to provide the Shakara Africa™ Services). By posting your User Material, you also hereby grant each user of the Shakara Africa™ Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Shakara Africa™ Services and under these Terms.
6.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Shakara Africa™ does not endorse any User Material, and User Material that is posted does not reflect the opinions or policies of Shakara Africa™. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Shakara Africa™ assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Shakara Africa™ with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing info@ShakaraAfrica.com (subject line: “Inappropriate User Material”).
Shakara Africa™ is not responsible for the Content or practices of any website or destination other than the Shakara Africa™ Site, even if it links to the Shakara Africa™ Site and even if the website or destination is operated by a company affiliated or otherwise connected with Shakara Africa™. By using the Shakara Africa™ Services, you acknowledge and agree that Shakara Africa™ is not responsible or liable to you for any Content or other materials hosted and served from any website or destination other than the Shakara Africa™ Site.
7.2 Advertisements. Shakara Africa™ takes no responsibility for advertisements or any third party material Posted on any Access Point where the Shakara Africa™ Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Shakara Africa™ Services are between you and the advertiser, and you agree that Shakara Africa™ is not liable for any loss or claim that you may have against an advertiser.
Shakara Africa™, the Shakara Africa™ logo and other Shakara Africa™ marks, graphics, logos, scripts, and sounds are trademarks of Shakara Africa™. None of the Shakara Africa™ trademarks may be copied, downloaded, or otherwise exploited.
While we do our best to provide the optimal performance of the Shakara Africa™ services, you agree that use of the Shakara Africa™ services is at your own risk. The Shakara Africa™ services, including the Shakara Africa™ site, the content, the video player, user material, 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, Shakara Africa™ does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or no infringement; or that the Shakara Africa™ services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable.
In no event shall Shakara Africa™ 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 “Shakara Africa™ 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 Shakara Africa™ 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 Shakara Africa™ 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 Shakara Africa™ service or $50 (whichever is less).
You agree to defend, indemnify, and hold harmless Shakara Africa™ 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 or your use of Shakara Africa’s services (including your use of the content). Shakara Africa™ 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.
If you believe that any Content, User Material, or other material provided through the Shakara Africa™ Services, including through a link, infringes your copyright, you should notify Shakara Africa™ of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Shakara Africa™ receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Shakara Africa™’s copyright agent at cc@ShakaraAfrica.comshakara (subject line: “Copyright Claim”). You may also contact us by mail at:
Attention: Copyright Agent
14206 Jones Bridge Road.
Upper Marlboro, MD 20774
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 Shakara Africa™ Services that is reasonably sufficient to enable Shakara Africa™ to identify and locate the material; (iv) how Shakara Africa™ 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 cc@ShakaraAfricatv.tv for purposes other than communication about copyright infringement may not be answered.
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
At Shakara Africa™, we expect that our world-class customer service team will be able to resolve most issues you may have using the Shakara Africa™ Services. You can find frequently asked questions or contact our customer service team by going to our help center. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Shakara Africa™ agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and Shakara Africa™ agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Shakara Africa™, 14206 Jones Bridge Rd, Upper Marlboro, MD 20774- Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for Shakara Africa™.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Shakara Africa™ agree that any claim that either of us may have arising out of or relating to these Terms (including formation, performance, or breach of them), our relationship with each other, or use of the Shakara Africa™ Services must be resolved through binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available here. As an exception to this arbitration agreement, Shakara Africa™ is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
To help resolve any issues between us promptly and directly, you and Shakara Africa™ agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. You and Shakara Africa™ also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. Regardless of who initiates the arbitration, Shakara Africa™ will pay any other arbitration fees, including your share of arbitrator compensation.
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Shakara Africa™, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it’s fair that Shakara Africa™ reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Shakara Africa™’s favor, Shakara Africa™ will not seek reimbursement of our attorney’s fees and costs, regardless of who initiated the arbitration.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
12.1 International Use. We are a company based in the United States. Shakara Africa™’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our Content licensors grant to us
12.2 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Shakara Africa™ Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: legal@ShakaraAfrica.com. Enjoy the Shakara Africa™ Services!