Terms of Service

The “Nuvu” service is provided to you by Airtel Networks Limited (“Airtel”).

Please read these Terms of Use carefully before subscribing to the Nuvu service.

You should understand that by and clicking on the [‘Complete Purchase’] button you are agreeing to these Terms of Use as well as all other applicable terms, conditions, limitations and requirements on the Airtel website which are all (as changed over time) incorporated into these Terms of Use and together are the “Agreement”. This Agreement is between Airtel and you, the “Subscriber”.

THE SERVICE
As used in these Terms of Use, “Nuvu service”, “our service” or “the Service” means the subscription video-on-demand service for watching movies, TV shows and other digital audio-visual content (the “VOD Content”) on the Nuvu branded device application (the “Application”), including all features and functionalities, website and user interfaces, as well as all content and software associated with the Service.

The Service is owned and operated by LM Ericsson (Nigeria) Limited, (the “Service Operator”).

The use of the Application is also subject to the Software License as detailed below.

TERRITORY RESTRICTIONS
The Service is only available to subscribers who have an address located in Nigeria (the “Territory”). You may not use the Service if you are outside of the Territory without such registered address and a payment method.

You may not stream or download any content from anywhere outside the Territory, or to use any technology to obscure or disguise your location.
You acknowledge that we may use technologies to verify your location. However once you have downloaded VOD Content to a Registered Device you may, subject to these Terms of Use, play the VOD Content on that Registered Device outside of the Territory.

YOUR VOD LICENSE AGREEMENT
During the period of your subscription we grant you the non-exclusive and non-transferable right during the applicable Access Period, to access, temporarily download to your Registered Device, view and display the VOD Content in accordance with the Usage Rules, for Non-Commercial, Private Use only, strictly subject to these Terms of Use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

As used herein, “Non-Commercial, Private Use” means a presentation of VOD Content for which no fee or consideration of any kind (other than that which you pay to us to access the VOD Content) is charged or received, in the Territory. Non-Commercial, Private Use specifically excludes any public presentation

We may automatically remove that VOD Content from your Registered Device after the end of its Access Period, and you consent to such automatic removal.

We reserve the right to: (i) decline a new subscriber registration or suspend a subscriber’s account at any time and at our sole discretion; (ii) terminate, at our absolute discretion, your access to all or part of the Service with or without notice; and (iii) discontinue, at our absolute discretion, the Service, or any part thereof, at any time, with or without notice.

INTELLECTUAL PROPERTY RIGHTS AND USE OF THE SERVICE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material subsisting in the Service, its design, structure, graphics, video, music and audio content and all software and source codes connected with and comprised in the Service, shall remain at all times vested in us or our licensors.

You expressly acknowledge and agree that you do not acquire any ownership rights in any VOD Content that you have streamed and/or downloaded under a VOD Content Licence from the Service. You acknowledge that the VOD Content contains intellectual property rights belonging to and/or controlled by third parties which are protected by law and that these third parties may enforce this Agreement directly against you in the event that you breach the terms contained herein. All rights not expressly granted herein are expressly reserved by us and our licensors.

You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein.

You agree not to (or allow third parties to) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Service.

You acknowledge and agree that the VOD Content is protected by copy protection technologies commonly known as digital rights management (DRM) and that you will not do anything to remove, bypass, circumvent, neutralise, or modify any of the DRM and technological protection measures used for the VOD Content.

You agree not to use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or, use any data mining, data gathering or extraction method.

In addition, you agree not to (or allow third parties to) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.

In the event that you fail to comply with any of these Terms of Use the rights granted to you by us concerning your use of the VOD Content will automatically terminate without notice and you must immediately cease all use of the VOD Content and any copies thereof. Furthermore we will be entitled to restrict and/or terminate your access to the Service without notice.

USAGE RULES
In order to be able to stream and/or download VOD Content from the Service you will need:

(i) to use a smart phone, PC or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service and which you have registered with your subscriber account (each such device, a “Registered Device”); and
(ii) have access to the Internet via your [Airtel or a wi-fi connection] ; and
(iii) download the Application to the Registered Device and agree to the Software Licence agreement for the Application.
You may register a maximum of 1 compatible device to each subscriber account and download the VOD Content you select solely to the Registered Device.

During your subscription term, you may replace the Registered Device with an alternative compatible device once in each calendar month.

We may change the requirements for Registered Devices from time to time and, in some cases, whether a device is (or remains) a Registered Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Registered Devices at one time may cease to be Registered Devices in the future.

Once you have downloaded VOD Content to a Registered Device, you may not watch it on any other device using the same subscriber account.

When you download VOD Content, the downloaded VOD Content is available for viewing in your Registered Device within [30] days from your request to download that VOD Content for monthly Subscribers, and within 7 days from your request for weekly Subscribers. (the “Access Period”).

Your right to access, view or downloaded VOD Content will expire at the end of the Access Period. The VOD Content will be rendered unplayable at the end of the Access Period and will be deleted from your Registered Device.

SOFTWARE
Software for your use in connection with the Service including the Application (the “Software”) may be made available to you. Terms contained in the Software License apply to your use of the Software and are contained here [insert link]. By downloading and using the Software to your device you agree to the Terms and Conditions contained in the Software License.

The Software may provide us and/or our Service Operator with data about your Registered Device and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Registered Device to your Service account). The Software may also provide us and/or our Service Operator with information related to the VOD Content you download and stream and your use of that VOD Content. Any information we and/or our Service Operator receive is subject to our Privacy Policy.

You may also encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) that interact with the Service. Your use of these third party applications may be subject to third party Terms and Conditions or license terms.

EXPLICIT CONTENT
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and neither we (nor the Service Operator) shall have any liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that neither our Service Operator nor we guarantee their accuracy.

USE OF YOUR DATA
Registration data and certain other information about you will be shared with our Service Operator and is subject to our Privacy Policy. We recommend that you read our Privacy Policy before you accept these Terms of Use.

WITHDRAWAL OF VOD CONTENT
We make no guarantee as to the availability of specific VOD Content or the minimum amount of VOD Content available in any subscription.

We reserve the right to withdraw VOD Content at any time from the Service and we will not be liable to you for withdrawing any VOD Content.

OUR LIABILITY
The VOD Content is provided “as is”, all other conditions, warranties or other terms which might have effect between you or us or be implied or incorporated into this agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

Neither our Service Operator nor we will be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) nor will we be responsible for any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you joined the Service. This does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct. Subject to the proceeding sentence, our maximum liability to you will not exceed the amount of subscription fees that you paid for the Service over the past 12 months.

Neither our Service Operator nor we will be liable to you in the event of any action brought against you by an artist, record company, movie studio, TV company, collection society or other party in relation to your use of the VOD Content or any breach by you of any intellectual property rights protecting any VOD Content.

Neither our Service Operator nor we will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control.

TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this Agreement or any of your rights or obligations arising under it (including for the avoidance of doubt the VOD Content Licence), without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement or any of our rights or obligations arising under it (including for the avoidance of doubt the VOD Content Licence), at any time during the term of this Agreement.

OUR RIGHT TO VARY THESE TERMS OF USE
We reserve the right to alter these Terms of Use at any time at our sole discretion by posting the amended Terms of Use on the Service. Your continued use of the Service after we have posted such changes constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your subscription or stop using the Service. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

SURVIVAL
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

THIRD PARTY BENEFICIARIES
The Service is owned and operated by the Service Operator who together with the owners and/or controllers of the VOD Content are intended as third party beneficiaries under this Agreement with you and may enforce these Terms of Use against you.

ELECTRONIC COMMUNICATION
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of Nigeria. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of the Territory.