Last Updated: July 31, 2017
**PLEASE READ THIS DOCUMENT CAREFULLY. TV1 Rwanda Limited. ("TV1," "we," or "us") offers an online video sharing platform and community through its website located at tv1.rw and other TV1-operated sites (collectively, the "TV1 Site"), mobile applications, connected TV applications, Terrestrial and Satellite TV station and other online services (collectively and including the TV1 Site, the "TV1 Services"). By registering as a member or by using the TV1 Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and TV1 Rwanda Limited. If you do not wish to be bound by this please do not register as member on tv1.rw
AGE REQUIREMENT: You must be at least 13 years old to use the TV1 Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the TV1 Services. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the TV1 Services, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the TV1 Services. If your child is using the TV1 Services and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the TV1 Services is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the TV1 Services and/or have your parent's or guardian's permission, some of the content available within the TV1 Services may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
LICENSE: TV1 grants you a limited, non-exclusive license to access and use the TV1 Services for your own personal, non-commercial purposes. This includes the right to view content available on the TV1 Services. This license is personal to you and may not be assigned or sub licensed to anyone else.
COMMERCIAL USE: You may not use the TV1 Services for commercial purposes unless:
If you sell TV1-hosted videos directly to users other than through TV1 On Demand platform (tv1.rw), such usage will be deemed an "Application" under our API Terms (whether you use our API or not) and will be subject to our API Terms.
RESTRICTIONS: Except as expressly permitted by TV1 in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TV1 Services or any source code therein. Nor will you attempt to circumvent any of TV1's technical measures or take any measures to interfere with or damage the TV1 Services. All rights not expressly granted by TV1 are reserved.
MOBILE APP: Your use of the TV1 Services through one of our mobile applications is also subject to these terms and conditions.
REGISTRATION: To fully use the TV1 Services, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to TV1 and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the TV1 Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a PRO or Business subscriber, you may grant access to your account to other TV1 members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a TV1 member who has been granted access to a PRO or Business account, you must comply with the terms of this Agreement in accessing that account.
TV1 PLUS AND PRO: In addition to offering Basic (free) TV1 memberships, we offer TV1 Plus and TV1 PRO subscriptions. Please see our subscription pages for current Plus and PRO features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native TV1 player or apps. TV1 PRO users who wish to obtain additional storage capacity, or additional bandwidth for applications not using the TV1 player may request a custom account by contacting us. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by TV1. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. TV1 reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a TV1 Plus or PRO subscription ends, the account automatically becomes a Basic (free) account and TV1 may disable access to or delete any content to comply with Basic account limits. When a custom or PRO Unlimited subscription ends, the account and its content may be deleted if the subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the TV1 Services are subject to terms and conditions that are presented to you at the time of purchase.
TERM: This Agreement begins on the date you first use the TV1 Services and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the TV1 Services if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: TV1 may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if TV1 determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TV1's reputation and goodwill. If TV1 deletes your account for the foregoing reasons, you may not re-register for the TV1 Services. TV1 may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by TV1 will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. TV1 shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
All videos you submit must also comply with the Laws governing Media industry in Rwanda.
In using the TV1 Services, you must behave in a civil and respectful manner at all times. Further, you will not:
TV1 has the right, but not the obligation, to monitor all conduct on and content submitted to the TV1 Service.
LICENSE TO TV1 Rwanda Limited: As between you and TV1, you own the video content ("videos") that you submit to the TV1 Services. By submitting a video, you grant TV1 and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the TV1 Services; (ii) displaying the video on third party websites and applications through a video embed or TV1's API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the TV1 Services, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the TV1 Services permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the TV1 Services, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that TV1 has no control over such caching.
As between you and TV1, you own all non-video content that you submit to the TV1 Services. You grant TV1 and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the TV1 Services permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to TV1 on improving or adding new features to the TV1 Services, TV1 shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TV1 and grant the licenses set forth above; (ii) TV1 will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless TV1 and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the TV1 Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TV1 violates any law or infringes any third party right, including any intellectual property or privacy right.
TV1 reserves the right to modify the TV1 Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, TV Appliances, etc.) to the TV1 Services. TV1 has no obligation to screen or monitor any content and does not guarantee that any content available on the TV1 Services complies with this Agreement or is suitable for all users.
TV1 provides the TV1 Services on an "as is" and "as available" basis. You therefore use the TV1 Services at your own risk. TV1 expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TV1 makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TV1 Services, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) TV1 shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) TV1's total liability to you shall not exceed the amounts paid by you to TV1 over the twelve (12) months preceding your claim(s).