TERM OF SERVICE
Welcome to xnollywoodtv.com (the “Site”), owned and operated by XNOLLWOOD DIGITAL AGENCY. (“We”). We are a company registered here in Nigeria (with Company Number) and having our corporate office situated at KM 3 Onitsha – Benin Expressway, Asaba Delta State, Nigeria
We run a pay per view service that provides our members (“you” “yourself” “Users”) with access to content including but not limited to access to motion pictures, television and other audio-visual entertainment (“content”) delivered over the Internet, to Internet enabled devices.
By accessing, visiting, using or browsing the XNOLLYWOOD DIGITAL service, via this Site or any other device or other technology, you accept and agree to be bound by the Terms. Please read carefully. Further, you shall be subject to any posted guidelines or rules applicable to our service, which may be posted and modified from time to time. All such guidelines are hereby incorporated by reference into the Terms.
XNOLLYTV may in its sole discretion, from time to time, change these Terms, at any time without notice. We will display the changes on this page of the Site and such changes shall be effective immediately.
4.1. XNOLLYWOOD DIGITAL SERVICE
In order to access our service, you will have to create an account with XNOLLYWOOD DIGITAL either by formally registering with XNOLLYWOOD DIGITAL or a third party such as Facebook Nigeria (“Facebook”). You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the XNOLLYWOOD DIGITAL service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
Our service may allow you to:
- Access content on a temporary download basis for a limited period of time.
- Access content on a subscription basis for streaming over a limited period of time during the subscription period.
- A combination of temporary downloads and streaming. This may depend on your geographic location.
Subject to your compliance with these Terms and your payment of any applicable fees, XEL or its content providers grant you a limited, revocable, non-exclusive, non- transferable, non-sub licensable license to access and make personal and non-commercial use of XNOLLYWOOD DIGITAL service (each a “License”):
To stream Site content.
If the Site includes a “Download” link next to the content, the License to download a single copy of such content to a device or other permitted device only on a temporary download basis for a limited period of time. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
You may view content through the XNOLLYWOOD DIGITAL service only in geographic locations where we have licensed such content. The content that may be available to watch will vary by geographic location. XEL will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
The quality of the display of the content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, your device, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. XNOLLYWOOD DIGITAL makes no representations or warranties about the quality of your watching experience on your device. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show or other audiovisual entertainment you have selected and the configuration of your viewing device.
We continually update the XNOLLYWOOD DIGITAL service, including the content library, delivery methods and pricing. And we may add or remove content from our Service, or change the basis on which the content is available on the service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
You agree to use the XNOLLYWOOD DIGITAL service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree that:
- You are prohibited from reproducing, modifying, copying, uploading, exporting, transferring, selling, forwarding or transmitting the Contents on the Site other than in accordance with the license granted and further not to reproduce any information of the Site on any other website.
- 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 download, stream, (except as explicitly authorized in these Terms) copy, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content unless expressly permitted by XEL 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 XEL in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the content unless authorized by XEL.
- You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the XNOLLYWOOD DIGITAL service; use any robot, spider, scraper or other automated means to access the XNOLLYWOOD DIGITAL service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the XNOLLYWOOD DIGITAL service; insert any code or product or manipulate the content of the XNOLLYWOOD DIGITAL service in any way; or, use any data mining, data gathering or extraction method.
- You shall not 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 XNOLLYWOOD DIGITAL service, including any software viruses or any other computer code, files or programs.
- 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 XEL in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- You may not arrange for any other website to be connected to the Site by way of hyperlink or otherwise without the prior written consent of XEL.
- 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 You to view the content without:
- Displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, watermarks and trademarks) of the webpage where the Video Player is located.
- 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.
- Pay per View, Billing, Renewal and Cancellation
5.1. Pay per View
- Pay per View: XNOLLYWOOD DIGITAL System is not a subscription plan it’s a pay as you watch system that only allows you watch what you pay for on the Site.
By clicking to pay for a movie on XNOLLYWOOD DIGITAL you are expressly agreeing that we are authorized to charge you a fee at the then current rate for every movie you intend to watch, in addition to any other fees or charges you may incur in connection with your use of the XNOLLYWOOD DIGITAL service, including any applicable taxes to the Payment Method accepted by XEL. You acknowledge that the amount billed during each Subscription Period may vary for reasons that include promotional offers, changes in your Subscription plan, or changes in any applicable taxes and you authorize XEL to charge your Payment Method for the corresponding amounts.
5.3. Billing Cycle
The subscription fee will be billed as you watch any movie
5.4. Payment Methods
Payments can be made via credit card, or via any other payment method accepted by XNOLLYWOOD DIGITAL (“Payment Method”) or the payment method you provided during registration.
5.5. No Refunds
All fees and charges are non-refundable including refunds for content not watched. Very rarely, if there are special circumstances where XNOLLYWOOD DIGITAL determines it is appropriate (i.e., where the XNOLLYWOOD DIGITAL service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at XNOLLYWOOD DIGITAL ‘s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances. However, where on very rare occasions subscribers experience multiple debits due to technical malfunctions or errors; XEL shall refund such credits within 72 hours from complaint date.
5.6. Card Protection
Ensuring the protection of your card and access password is your (users) responsibility. If your credit card or instrument of payment is lost, stolen, or your password becomes compromised one way or the other, you are to immediately alert your bank/payment platform to prevent unauthorized usage of your card or instrument of payment.
XNOLLYWOOD DIGITAL will therefore not be liable for any such unauthorized use of your subscription and will not be liable to refund any such subscription payment.
5.7. Price changes
We reserve the right to adjust pricing for our service or any components thereof, including pricing for subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion.
- User Material
The XNOLLYWOOD DIGITAL service may enable you to submit comment, information or reviews to the XNOLLYWOOD DIGITAL service, (“User Material”), and such User Material will generally be available to all Users of the XNOLLYWOOD DIGITAL service. User Materials do not include account information you provide when you register as a Member or when you subsequently change that information. XEL does not endorse any User Material, and any User Materials on the XNOLLYWOOD DIGITAL service do not reflect the opinions or policies of XEL.
We do not necessarily review User Material submitted by Users or You. We are not responsible for the content of User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. We reserve the right (but not the obligation) in our sole discretion, to refuse to post or to remove or edit any of your User Material, or the right in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the XNOLLYWOOD DIGITAL service.
SUCH APPLICATIONS AND SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY XEL. USE OF A THIRD PARTY APPLICATION OR SERVICE IS AT YOUR OWN OPTION AND RISK.
- Intellectual Property
“Intellectual Property” in this context means copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
The XNOLLYWOOD DIGITAL service, including all content provided on the XNOLLYWOOD DIGITAL Service is the property of XEL or its licensors and is protected by Nigerian and international copyright, trade secret or other intellectual property laws and treaties.
XNOLLYWOOD DIGITAL is a registered trademark of XEL. XNOLLYWOOD DIGITAL ’s trademark and trade dress may not be used in connection with any product or service that is not XEL’s, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits XEL. All other trademarks not owned by XEL that appear in any XNOLLYWOOD DIGITAL service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XNOLLYWOOD DIGITAL .
You may not extract and/or re-utilise parts of the content of any XNOLLYWOOD DIGITAL service without our express written consent. In particular, you may not utilize any date mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any XNOLLYWOOD DIGITAL service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any XNOLLYWOOD DIGITAL service without our express written consent.
8.4. Copyright Infringement
XNOLLYWOOD DIGITAL respects the intellectual property of others. If you believe your work has been used in a way that gives rise to concerns of infringement, please notify us using the procedure below for making infringement claims.
8.5. Notice and Procedure for Claims of Copyright Infringement
If you are a Copyright Owner or an Agent asserting that any of the content on the Site infringes upon your copyrights, you may submit a notification by making available the following information to us or our Copyright Agent in writing in accordance with the procedure set forth below. We will process and take appropriate action in accordance with applicable intellectual property laws.
Your notification must contain the following:
- A notification in writing duly executed by a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have in good faith, believed that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A copy of your notification should be emailed to XEL’s copyright agent at copyright@XNOLLYWOOD DIGITAL .com. (Please note that this contact address is only for copyright infringement claims; you will not receive a reply if the matter is not a copyright issue).
- Third Party Content/Links to Other Websites
The Site may contain links to other websites or services that are not owned or controlled by XEL. You acknowledge that any access is at your sole discretion and risk. We do not review or endorse any of those websites or services. We are not responsible in any way for:
- Any errors or omissions in relation to other websites, services or contents on the websites.
- The privacy practices.
- The availability.
- The content, advertising, products, goods or other materials, services or resources on or available from.
- The use to which others make of; these websites or services.
XEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY WEBSITE, PRODUCT OR SERVICES ADVERTISED ON, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE XNOLLYWOOD DIGITAL SERVICE, OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. XEL WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR OFFENCE CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE USE OR RELIANCE ON SUCH WEBSITES OR SERVICES.
- Termination, Modifications, Suspension
We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the XNOLLYWOOD DIGITAL service (including the content and the devices through which the XNOLLYWOOD DIGITAL service is accessed), with respect to any or all Users, at any time without notice. You acknowledge that we may do so in XEL’s sole discretion. You also agree that XEL will not be liable to you for any modification, suspension, or discontinuance of the XNOLLYWOOD DIGITAL service, although if XEL suspends or discontinues the XNOLLYWOOD DIGITAL service, XEL may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if XEL terminates your account or suspends or discontinues your access to XNOLLYWOOD DIGITAL service due to your violation of these Terms, or any applicable law, rule or regulation, or engaged in other inappropriate conduct, then you will not be eligible for any such credit, refund, discount or other consideration.
- Disclaimers of Warranties
THE XNOLLYWOOD DIGITAL SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATIED WITH THE XNOLLYWOOD DIGITAL SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XEL, ITS SUBSIDARIES AND AFFILATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGNMENT.
XEL, ITS SUBSIDARIES AND AFFILIATES DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE XNOLLYWOOD DIGITAL SERVICE, FEATURES, INFROMATION, CONTENT, MATERIALS, THE SITE, SOFTWARE OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XNOLLYWOOD DIGITAL SERVICE, OR ELECTRONIC COMMUNICATION SENT FROM XEL ARE UNINTERUPTED OR ERROR FREE; ARE FREE FROM OF ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE SHALL BE AT YOUR SOLE RISK. XEL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE XNOLLYWOOD DIGITAL SERVICE, OR THE CONTENT.
- Governing Law
- Limitation and Exclusion of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL XEL, OR ITS SUBSIDARIES OR AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF THE XNOLLYWOOD DIGITAL SERVICE, THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS INCLUDED OR MADE AVAILABLE TO YOU THOUGH ANY XNOLLYWOOD DIGITAL SERVICE.
The Service is controlled and offered by XEL from its facilities. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IN LIMITATION AND EXCLUSION OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT XEL MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF XEL’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAWS.
You agree to indemnify, defend and hold harmless XEL, its subsidiaries, affiliates, successor, and each of its officers, directors, employees, advertising and promotion agencies, representatives or agents, including XEL’s distributors and licensors, (collectively the “Indemnified Parties”) from and against any and all losses, liabilities, claims, obligations, damages, expenses or costs (including but not limited to attorney’s fees) incurred by or made against any Indemnified Party arising from:
Use of and access to the service.
Violation of any of the Terms, policy or guidelines referred to herein.
Violation of any third party right, including without limitation any Copyright, Property or Privacy right.
Any claim that our Content caused damage to a third party. This defence and indemnification obligation will survive the Terms and use of the Services.
- Customer Support
If you have any questions concerning the use of the Site or these Terms, please contact XNOLLYWOOD DIGITAL customer service by sending an email request to support@xnollywoodtv .com.
XNOLLYWOOD DIGITAL PRIVACY AND COOKIES
At XNOLLY TV (the “Company”); we recognize your privacy is important. This Policy explains the Company’s privacy practices on its website XNOLLYWOOD DIGITAL (the “Site”). This Policy also explains what information we collect about you (the “User”) and how we use this information.
Types of Information we collect
All User information supplied by Users of XNOLLYWOOD DIGITAL .com as defined under the terms & conditions is covered by the Data Protection Act 1998. We collect personally identifiable information and Aggregate Information.
Personally Identifiable Information (“PII”): This is information that lets us know the specifics of who you are, and includes, but is not limited to your Contact Data (such as your first and last name, physical street address, phone number and email address).
Aggregate Information: This is information that does not identify you as an individual. We collect anonymous data which includes, but is not limited to (i) IP address, (ii) Domain servers, and (iii) type of computer used to access our Site. Our external third party advertising partners may also collect aggregate information but not personally identifiable information.
- How we collect and use information
We collect information Users provide when registering to use our Site. Through a combination of cookies and external third party tracking, we track information when Users visit or use our Site. We use PII and Aggregate information to enhance the consumer experience on the Site and the operation of our Site. We may also use your PII, to provide you with information and promotions regarding our products, to contact you regarding administrative notices, or to contact you regarding an order or, to respond to a question or request. However, our use of the information is not limited to the uses above and, one or more of such uses may apply simultaneously.
We may also use external third party advertising partners to display advertisement on the Site. As part of their services, they will place a separate cookie on your computer to help them precisely target advertising to you. Our third party advertising partners do not collect personally identifiable information.
- Release of Information
We may disclose your PII as required by law, such as to comply with a subpoena or, similar legal process; and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- Correct and update your information
Users can modify or change their password, and e-mail address by through their “My Profile” settings. Also, Users can modify, change or delete their personal information anytime by emailing us at support@xnollywoodtv .com or calling us on +234-802 -255 -5660
Users can access the information held on them on the Site by emailing us at support@xnollywoodtv .com
Users may opt out of receiving communications from us by following directions in our e-mail to “unsubscribe” from our mailing list, or by sending an e-mail request to support@xnollywoodtv .com or calling us on +234-802 -255 -5660. Users also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.
- Other websites and links
- Children/Age Restriction
We transmit and store the information we collect using standard security techniques. However, given the nature of the Internet and the fact that network security measures are not foolproof, we cannot guarantee the security of such information.
- Transfer of Information
This Site processes information about our Users on servers located in a number of countries. The Company may also subcontract processing or sharing of information to third parties located in other countries, other than your home country. Also, such information may be transferred to another company if ownership of IEL changes. Therefore, information may be transferred across international borders outside the country where you use our services, including to countries that do not have laws providing specific protection for personal data or those that have different legal rules on data protection. You expressly consent to this.
We may retain PII information about the User, as long as it is necessary for business purposes. Also, we may retain aggregated anonymous information indefinitely. In addition, we may retain your information for an additional period as is permitted or required to, among other things, comply with our legal obligations, resolve disputes, and enforce agreements.
- Contact Us
XNOLLYWOOD DIGITAL AGENCY
KM 3 Onitsha – Benin Expressway, Asaba Delta State
T: +234 (802) 255-5660