Terms of Service
Welcome to the KraksTV website, its applications, products and services (collectively the Materials available through the www.krakstv.com domain name and the KraksTV website network, including mobile sites and applications)
This End User License Agreement (EULA) describes the terms and conditions applicable to your access and use of the Site and the products and services offered therein.
Please read this carefully before using our site, services, or products, so that you are aware of your legal rights and obligations on KraksTV, its Affiliates, Licensors, Content providers, and other users.
Accepting the Terms of Service
Modifications to this Agreement
KraksTV reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally through the Services. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective seven days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services, before a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Kraks Media (KraksTV) received your prepayment
As Kraks Media (KraksTV) grows and improves, we might have to make changes to this Agreement. When we do, we'll let you know.
Use of the Services
No individual below the age of Eighteen (18) years may use the Services, provide any personal information to KraksTV, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with KraksTV and are not legally prohibited from using the Services.
You have to be at least 18 years old to use the Services. Forgive us; we have no choice in the matter. “I’ll be 18 in two days”. Nope! Wait till you are 18. If you're younger than 18, don't use the Services. Go and read your book.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. KraksTV retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. KraksTV may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. KraksTV may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). KraksTV may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
KraksTV is an ever-evolving platform. With new products, services, and features launching all the time, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain operation. We can also terminate or suspend any account at any time, don’t worry we only use that power when we have a reason, as outlined in this Agreement.
Limitations on Automated Use:
You may not, without express prior written permission, do any of the followings while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of KraksTV and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by KraksTV (and only pursuant to those terms and conditions) or unless permitted by KraksTV's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don't cause trouble to KraksTV or other Users on the Services.
Registration, KraksTV URLs, and Security:
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and KraksTV username, which will serve as a default link to your default Login page on the Site.
You agree to provide KraksTV with accurate, complete, and updated registration information, particularly your email address.
It's really important that the email address associated with your KraksTV account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account, password and the security of your Account. You shall notify KraksTV immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Content and Subscriber Content:
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated,
provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and KraksTV and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content. You retain ownership you have of any intellectual property you post to KraksTV.
Subscriber Content License to KraksTV:
When you provide Subscriber Content to KraksTV through the Services, you grant KraksTV a non-exclusive, worldwide, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this License are for the limited purposes of allowing KraksTV to operate the Services in accordance with their functionality, improve the Services, and develop new Services.
When you upload your creations to KraksTV, you’re giving us permission to make them available in all the ways you would expect us to (for example, via blog, RSS, the KraksTV Dashboard, KraksTV social media platforms, KraksTV television skits, etc.).
You also agree that this license includes the right for KraksTV to make all publicly-posted Content available to third parties selected by KraksTV, so that those third parties can syndicate and/or analyze such Content on other media and services.
Please note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through KraksTV’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
KraksTV may add its affiliate code to links posted on KraksTV at its discretion, provided a user has not previously included their affiliate code into the applicable link.
Content License to You:
As a Subscriber of the Services, KraksTV) grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services). This means, for example, that we license Content to you for purposes of reblogging.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, KraksTV shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of reblogging, for example)
Special Provisions for Application Developers:
If you develop software or services based on the Services or any Content, whether using the Kraks TV Application Programming Interface or not, you will agree to and comply with the Kraks TV Application Developer and API License Agreement.
Use of Trademarks:
Any use of KraksTV’s trademarks, branding, logos, and other such assets in connection with the Services shall only be the KraksTV’s approved branding and shall be in accordance with the Kraks TV Trademark Guidelines.
Warranty Disclaimer; Services Available on an "AS IS" Basis:
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, KRAKS MEDIA LIMITED AND KRAKSTV DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, \FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Kraks Media Limited and KraksTV make no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Kraks Media Limited and KraksTV also make no representations or warranties of any kind with respect to Content and the Subscriber Content, in particular. The Subscriber Content is provided by and is solely the responsibility of the Subscribers providing that Content. No advice or information, whether oral or written, obtained from KraksTV or through the Services, will create any warranty not expressly made herein.
Time Limitation on Claims and Releases from Liability:
You agree that any claim you may have arising out of or related to this Agreement or your relationship with KraksTV must be filed within one (1) month after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Kraks Media Limited, KraksTV and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Kraks Media (KraksTV) (the “Kraks Media Limited (KraksTV) Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
- Disputes between Subscribers, including those between you and other Subscribers.
- The acts of third parties generally (i.e., individuals or entities who are not Kraks Media Limited or KraksTV or a Kraks Media Limited or KraksTV Affiliate), including third party sites and services.
- Disputes concerning any use of or action taken using your Account by you or a third party.
- Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
- Claims relating to any face-to-face meetings in any way related to Kraks Media Limited or KraksTV at any venues (Meeting), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meeting. Unless otherwise expressly disclosed in writing, Kraks Media Limited or KraksTV does not sponsor, oversee, or in any manner control Meetings.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRAKS MEDIA LIMITED AND KRAKSTV AND THE KRAKS MEDIA LIMITED AND KRAKSTV AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KRAKSTV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KRAKS MEDIA (KRAKSTV) AND THE KRAKS MEDIA (KRAKSTV) AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF ONE THOUSAND NAIRA OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Either Party may terminate this Agreement at any time by notifying the other Party. Kraks Media Limited and/or KraksTV may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Kraks Media Limited and/or KraksTV may immediately terminate or suspend Accounts that have been flagged for copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Kraks Media (KraksTV) or any third party.
Choice of Law and Venue:
You and Kraks Media Limited and/or KraksTV agree that any claim or controversy at law or equity that arises out of this Agreement shall be resolved amicably.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the Laws of the Federal Republic of Nigeria as they apply to agreements entered into and to be performed entirely within Federal Republic of Nigeria, without regard to conflict of law provisions.
Any Dispute that cannot be resolved amicably, shall be settled by Arbitration In Nigeria in accordance with the Arbitration and Conciliation Act of Nigeria.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Kraks Media Limited and/or KraksTV with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sub licensable by you except with Kraks Media Limited and/or KraksTV's prior written consent. Kraks Media Limited and/or KraksTV may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Kraks Media Limited and/or KraksTV in any respect whatsoever. Any notice to Kraks Media Limited and/or KraksTV that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the electronic mail address below detailing the following:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that KraksTV is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under oath that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content. After removing material pursuant to a valid claim, KraksTV will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. KraksTV will terminate, under appropriate circumstances, the Accounts of Subscribers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.
Submitting a Counter-Notification:
If you believe you are the wrongful subject of a copyright infringement claim, you may file a counter-notification with KraksTV by providing the following information to the Designated Agent at the electronic email address below:
- The specific URLs of material that KraksTV has removed or to which KraksTV has disabled access.
- Your name, address, telephone number, and email address.
- The following statement under oath: “That I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a valid counter-notification, KraksTV will forward it to Notifying Party who submitted the original claim. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If KraksTV does not receive any such notification within ten (10) days, we may restore the material to the Services.