Description of the HafrikTV service
HafrikTV (“HafrikTV”, “we”, “us” or “our”) is an original, video hosting website that enables users to access, view, upload, store, and share videos. The HafrikTV Service is made up of the HafrikTV website, any HafrikTV products, content, channels, data feeds, Ad services, and functionality (“HafrikTV Service”).
By accessing and/or using the HafrikTV Service, without being logged into a HafrikTV Account, You (“You” or “Your” as applicable) will be hereinafter a “Viewer.” As a Viewer, You will only have the ability to access, view, or share videos available on the HafrikTV Service, but will not be able to benefit from all the other features available on the HafrikTV Service. A “HafrikTV Account” means the video content storage space on the HafrikTV Service which is dedicated to a User (as defined below) on the HafrikTV Service that can be created by signing up for a HafrikTV Account via https://hafriktv.com.
If You want to be able to upload videos and access some other features of the HafrikTV Service, You will need to first create a HafrikTV Account and have Your email address validated at which point You will be a “User”.
Information provided by You to create Your HafrikTV Account must be accurate and complete. In order for HafrikTV to verify that the email address You provided is valid, You will receive an email from HafrikTV asking You to validate Your email address.
By creating a HafrikTV Account, You agree that You alone will be responsible (to HafrikTV and to others) for all activity that occurs under Your HafrikTV Account. The user ID(Email) and password which are necessary to access Your HafrikTV Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify HafrikTV of any unauthorized use of Your User ID, password, or any other breach of Your HafrikTV Account security.
As a User, You will also have the ability to access some additional features from the HafrikTV Service and will have the opportunity to monetize Your Content uploaded on Your HafrikTV Account.
If You are a free User or a Pro, You may notably upload video files (that must be compliant with the Terms) on the HafrikTV Service. Any and all elements posted through Your HafrikTV Account on the HafrikTV Service are deemed to be “Your Content”.
As a free User or a Pro, You are expected to be an active part of the HafrikTV community. As such, You also acknowledge that if Your HafrikTV Account remains inactive for a significant period of time, HafrikTV reserves the right to delete, reclaim or remove Your HafrikTV Account in its sole discretion with or without prior notice to You.
Any and all individuals or entities accessing the HafrikTV Service may be referred to hereafter as a “Visitor,” regardless of their status (i.e. be they a Viewer, Account Applicant, free User, or Pro).
Acceptance of these terms and conditions
HafrikTV may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the HafrikTV website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the HafrikTV Service. Your continued use of the HafrikTV Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.
You shall not use the HafrikTV Service if You are not of legal age to form a binding contract with HafrikTV, or You are a person who is either barred or otherwise legally prohibited from receiving or using the HafrikTV Service.
If You are not an individual (i.e., a corporation or other legal entity), You represent to HafrikTV that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the HafrikTV Service.
Your intellectual property rights
For the entire period during which Your Content is hosted on the HafrikTV Service, You grant HafrikTV the non-exclusive worldwide rights (unless You geo-block certain territories through Your HafrikTV Account), to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the HafrikTV Service.
By making Your Content accessible on the HafrikTV Service, You agree to allow any Visitors of the HafrikTV Service to view and share Your Content through the Video Player on or through any declination of the HafrikTV Service, as accessible (online or offline) via any current or future device capable of distributing the HafrikTV Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the HafrikTV Service when on the HafrikTV website (https://hafriktv.com) and/or when embedded elsewhere may include advertising.
Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which HafrikTV shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
License & our intellectual property rights
We grant You a personal, non-exclusive, non-transferable, and revocable right to access and use the HafrikTV Service, which is conditioned on Your compliance with the Terms.
The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the HafrikTV Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the HafrikTV Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, is the exclusive property of HafrikTV and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
HafrikTV Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of HafrikTV or HafrikTV’s licensors. You agree to not use or exploit the HafrikTV Material in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion, and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble or create derivative works based upon or otherwise alter in part or in full any HafrikTV Material.
All rights not expressly granted in the Terms are reserved to HafrikTV and its licensors.
Our liability as a hosting service provider
In its capacity as a web hosting service provider, HafrikTV is under no legal obligation to monitor content uploaded on the HafrikTV Platform, nor obligated to actively seek facts or circumstances indicating illegal content but shall forthwith remove or disable access from its HafrikTV Service to any infringing content once having been notified of its existence. Furthermore, HafrikTV does not and has no legal obligation to, review or inspect content for possible illegality or infringement prior to its being viewable on the HafrikTV website.
You acknowledge and agree that the owners of the Video(s) and HafrikTV in accordance with the terms, the HafrikTV team may from time to time remove HafrikTV users’ content (including Your Content) from the HafrikTV Service without notice. You shall nonetheless remain fully liable for Your Content.
You agree that Your use of the HafrikTV Service shall be at Your sole risk and liability. In this regard, You are solely responsible for Your use of the HafrikTV Service and more specifically for Your Content (including any personal data that may be incorporated therein) and the protection of Your hardware against any virus or interruption.
You acknowledge and agree that the HafrikTV Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the HafrikTV Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided “AS IS” and “as available” without warranties of any kind from HafrikTV or any owners of the Third-Party Video(s). Neither HafrikTV nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the HafrikTV Service, the HafrikTV Material or any other content, information, materials, or products included on or otherwise made available to You through the HafrikTV Service are free of viruses or other harmful components. HafrikTV may enhance, modify and update the HafrikTV Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the HafrikTV Service.
HafrikTV shall not be held responsible in any case for any malfunctions, inherent in the nature of the Internet, in the access and/or the use of the HafrikTV Service, or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, HafrikTV does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. Furthermore, HafrikTV is not responsible for any data related to Third-Party Video(s) provided by their relevant owners, such as the video title, description, category, etc.
Nothing herein shall exclude or limit HafrikTV’s liability for losses that may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, HafrikTV shall not be liable for:
(a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; or
(b) any loss or damage which may be incurred as a result of (i) any reliance placed by You on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the HafrikTV Service; (ii) any changes which HafrikTV may make to the HafrikTV Service, or for any permanent or temporary cessation in the provision of the HafrikTV Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the HafrikTV Service; (iv) Your failure to provide HafrikTV with accurate account information; or (v) Your failure to keep Your password or Your accounts details secure and confidential.
The HafrikTV Service may contain links to websites operated by other entities (a “Linked Site“). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. HafrikTV has no responsibility to You with respect to any Linked Site, and no Linked Site regardless of the linking form (ex., hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored, or otherwise governed by HafrikTV.
The limitations on HafrikTV’s liability defined in this Section shall apply whether or not HafrikTV has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to the Terms.
Prohibited contents & restrictions
Do NOT upload content that falls into any of the following Prohibited Content categories.
Sexually Explicit or Child Abuse Content
Dangerous, Harmful, Violent, or Illegal Actions in Content
Hateful, Defamatory, Libelous, or Excessively Vulgar Speech in Content
Violent, Graphic, or Repulsive Content
Harassment, Threats, and Personal Information in Content
Spam, Fake Engagement, Scam, Disinformation, or Deceptive Content
(i) do not violate any applicable laws or regulations and/or display, incite, or promote illegal activities.
(ii) do not contain child pornography, sexual abuse, or any type of sexually explicit content.
(iii) do not infringe intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, brand, logo, advertisement, or any other material that You have not created Yourself or for which You do not have the necessary clearances and permissions from third-party rights owners or copyright royalty collection organizations).
(iv) do not violate:
Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity, or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity).
individual rights (in particular by spreading defamatory, slanderous, or offensive material in the form of threats, intimidation, bullying, and harassment).
Publicity and privacy rights (in particular impersonation of an individual or a legal person).
Personal information rights.
(v) do not support or promote:
any organizations or individuals that proclaim a violent mission or are engaged in violence. This includes organizations or individuals involved in terrorism, organized hatred against other groups of individuals, human trafficking, and organized criminality.
the commission of violent extremist or terrorist acts.
violence and all other dangerous activities.
(vi) do not contain verifiably false or misleading information which:
is created, presented, and disseminated for economic gain or to intentionally deceive the public; and/or
may cause public harm, or is intended as threatening to democratic political and policymaking processes as well as to the public good such as to public health, to the environment, or to the security of persons.
(vii) are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes excessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether automated or manual, which falsely increase the number of views, impression or clicks associated with Your Content).
Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your HafrikTV account being deactivated. HafrikTV reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question, in addition to any applicable civil damages depending on the contentious nature of the content.
HafrikTV Service is not designed as a video backup service, You are responsible for taking all necessary precautions to safeguard Your video files.