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Welcome to Nubian TV!

FIRST, AN IMPORTANT MESSAGE:

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS ONLINE ENTERTAINMENT SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.  This agreement is a legally binding agreement between Nubian Television ("Nubian TV," "Us" or "We") and you concerning the Nubian TV service ("Nubian TV ")", and collectively with Nubian TV , the "Services"). Access to and use of the Services, including the websites located at www.Nubian TV.com associated with it (the "Sites"), is provided by Nubian TV subject to the following. These Terms also apply to interactive features or downloads that are owned or controlled by Nubian TV, are available through the Services or that interact with the Services and post these Terms. References to "you" in this Agreement may also include any household member accounts established by you, if available.

 

To be eligible to access the Services, you must meet the following criteria (the "Eligibility Criteria"): (1) you must reside within the fifty contiguous states of the United States of America ("US"), the District of Columbia, and certain US territories (the "Services Area"); (2) you must be a subscriber with an account in od standing with an authorized television provider ("Distributor") of (a) Nubian TV that carries Nubian TV , or a (b) Nubian Radio that carries Nubian Radio ; and, in certain cases, (3) you must subscribe to both Nubian TV and Nubian TV on Demand or to both Nubian Radio and Nubian Radio on Demand, as applicable. If you meet these Eligibility Criteria, you may additionally be authorized to add household member accounts, subject to availability, as described in more detail in the terms of use of your Distributor.

 

Any household members that have reached the age of majority will be required to agree to these Terms and the Privacy Policy verning the Services and/or the Sites at the time the household member account is established. If you choose to establish a household member account for your minor child, you will be required to submit this information to establish a household member account for such child, and you will be required to consent to these Terms and the Privacy Policy on behalf of such child. For more information on household member accounts, please see Paragraph 3.

 

Nubian TV reserves the right to modify the terms and conditions of this Agreement or to change, modify or otherwise alter any feature of the Services and/or the Sites at any time in its sole discretion. Changes may be communicated to you by making the revised Agreement available for your review. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior Agreement provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Services and/or the Sites after the revised version is made available constitutes your agreement to the revision.

 

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Nubian TV if you fail to comply with any term(s) of the Agreement.

 

  1. REPRESENTATIONS:

 

By accessing, previewing or otherwise using the Services and/or the Sites in any manner you represent and warrant that you are a resident of the Services Area, that you are a subscriber with an account in od standing with an authorized distributor of Nubian TV that carries Nubian TV , and a subscriber to both Nubian TV and Nubian TV on Demand or a subscriber with an account in od standing with an authorized distributor of Nubian Radio that carries Nubian Radio , and a subscriber to both Nubian Radio and Nubian Radio on Demand; and that you have legal capacity to enter into this Agreement (i.e., that you are at least eighteen (18) years old or of sufficient age to be considered an adult in your state of residence and possess sufficient mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read and are aware of and in agreement with the terms of our Privacy Policy.

 

  1. LICENSE:

 

Nubian TV grants you a limited, non-exclusive, non-transferable license to access, use and privately display the Services solely as provided in this Agreement solely for your personal use and provided that you continue to meet all of the Eligibility Criteria and that you are not in breach of this Agreement. Please note that in order to access the Services, your Computer(s) must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. Additionally, the Services will only operate on certain hardware and software platforms specified at the Help feature of the Services. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Services. Please check the requirements periodically, as Nubian TV reserves the right to change or cease support of any hardware or software platforms at any time.

 

This license will enable you to view, preview, select, stream and access video, audio, graphics, photos, text, special features, software and/or messages (collectively "Content") via the Services and/or the Sites in accordance with the terms of this Agreement during the timeframe in which your account is active and for the duration of the access window for each individual Content item. Any copy of the Services, the Sites, Content or any portion thereof will constitute a violation of copyright. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Services and/or the Sites.

 

  1. REGISTRATION:

 

To access the Services you will be required to enter the Registration portion of the Services and provide registration details including a unique Username and Password to establish a registered account ("Registered Account"). Registered Accounts can only be established by residents of the Service Area who have reached the age of majority, who have otherwise met the Eligibility Criteria and who provide a Username and Password. It is a condition of use of the Services that all the details you provide will be correct, current, and complete and will not violate any law. If Nubian TV or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated this Agreement or any law, we have the right to suspend or terminate your Registered Account, or refuse you access to the Services and any of its resources.

 

Once you have created a Registered Account, and subject to availability based on your Distributor, you may set up subaccounts for members of your household, each with a separate Password, tied to your Registered Account (the "Subaccount(s)"). Subaccounts should be limited to members of your immediate household only. You can manage access to the Services and your Registered Account through the "Settings" section of the Service. Each household member will be required to read and accept these Terms and the Privacy Policy. If you are a parent or legal guardian and wish to establish a household member account for your minor child, you must click to accept the Terms and Privacy Policy on behalf of such minor child.

 

The Registered Account will function as the "master account" for all of your Subaccounts. This means that all household member activity will be accessible to the Registered Accountholder, including streams by title, Parental Controls, and any changes to the Subaccount settings.

 

Please review the Parental Controls information at Paragraph 4 in the event you wish to customize viewable Content for any Subaccount you wish to establish.

 

You are responsible for all activity occurring under your Registered Account and any Subaccount authorized by you, including maintaining the confidentiality of each Username and Password, and you agree that any household member account users authorized by you will not permit the disclosure of any Username and Password to any person. You agree that you will: (a) immediately notify your distributor of any unauthorized use of a Username and/or Password by visiting your distributor's website (b)make sure that you and any of your authorized household members properly exit the Services at the completion of each session. Nubian TV and its partners and distributors shall not be liable for any loss or damage arising from your use or misuse of your Registered Account, Subaccounts or failure to comply with the registration requirements.

 

  1. PARENTAL CONTROLS/CONTENT:

 

THE SERVICES CONTAINS MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. WHERE POSSIBLE, CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION RATINGS/CONTENT ADVISORIES. HOWEVER, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. Such Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian.

 

If you wish to restrict content for your Registered Account and/or any Subaccount, you may either:

(a) take advantage of the Parental Controls feature of the Services (if available), by accessing the "Parental Controls" section of the "Settings" feature to establish and manage Parental Control settings for all household accounts linked to your Registered Account. Parental Controls allow you to set a maximum movie rating and television rating for the Registered Account and each Subaccount, and are designed to filter out non-rated Content. To activate Parental Controls you MUST submit your e-mail address. This is the only time Nubian TV will require your e-mail address. All other times you will have the option of including your e-mail address for receipt of promotional materials; or

(b) visit your distributor's website to set Parental Controls (if available).

 

If you choose to access or allow a household member to access any adult or mature Content on the Services, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature may occur. You agree that use of the Services is at your sole risk and that Nubian TV shall have no liability to you or any of your household members for the type of Content that you may access or allow to be accessed. It is your responsibility to ensure that the Content accessed by you and/or your household members does not violate the laws or other requirements of the applicable community.

 

  1. COPYRIGHTS AND TRADEMARKS:

 

The Services, including but not limited to the Sites, and all materials incorporated in the Services and the Sites (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws. In particular, criminal copyright infringement, including without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.

 

Some of the characters, los or other images incorporated by Nubian TV on the Services and the Sites are also protected as registered or unregistered trademarks, trade names and/or Service marks owned by Nubian TV ("Trademarks"). All other trademarks are the property of their respective owners. Use of the Trademarks of Nubian TV or of any other party is not authorized in any manner other than as incorporated into the Services and the Sites.

 

  1. COPYRIGHT NOTICE:

 

If you believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:

 

Your name, address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

The exact URL or a description of where the alleged infringing material is located;

A statement by you that you have a od faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Home Box Office, Inc.

30 Hudson Yards

New York, NY 10001

Attn: Legal Department/Copyright Agent

E-Mail: copyrightviolations@Nubian TV.com

 

Please note that while Nubian TV seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that Nubian TV is a service provider as defined in 17 USC section 512c or elsewhere in the law.

 

  1. RESTRICTIONS ON USE OF MATERIALS:

(a) You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Services, or attempt to interfere with the operation of the Services in any way, except that you may access and display material and all other Content displayed on the Services for non-commercial, personal, entertainment use for a limited time only as strictly authorized herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Services or on any portion of the Service, or frame any portion of the Service. Without limiting the generality of the foreing, you may not distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Nubian TV's prior written consent which may be withheld in Nubian TV's sole discretion (and any such purposed assignment, pledge or transfer without such prior written consent shall be void ab initio). In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by Nubian TV in any part of the Services for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other Service or networked computer environment is prohibited. Also prohibited are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software or any feature of the Services, or intercepting and/or recording network communications transmitted between the Services and Nubian TV.

(b) Nubian TV respects the intellectual property rights of others and asks users of the Services to do the same. Nubian TV and its licensees and other Content partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.

(c) Nubian TV and its partners and affiliates may suspend or terminate your subscription and access to the Services immediately if Nubian TV reasonably determines that you are in violation of this Agreement or receives information that you no longer meet the Eligibility Criteria. In such event, you must cease all use of the Services. The suspension or termination of your subscription is in addition to, and not in lieu of, any rights and remedies available to Nubian TV, its partners and affiliates under this Agreement or under applicable laws.

 

  1. CONTENT AND CONTENT LIMITATIONS:

 

Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you. Please note that some Content items may specify an access window in which you will be able to view the Content. The access window will typically range between four (4) to eight (8) weeks, although because these windows may vary, you should pay close attention to the description provided with the Content. During the applicable access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the access window for each piece of Content available via the Service, and Nubian TV and its partners and affiliates accept no liability for any access windows or the expiration thereof.

 

Nubian TV reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows or its programming schedules.

 

Please note that not all Content will be available for all purposes, and that access to certain Content may depend upon your geographic location (i.e. you will not be able to access content from outside the Service Area), whether you are able to maintain an Internet connection, available bandwidth and equipment used to access the Service. You should be sure to read the detailed description near each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, Nubian TV does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Services as a result of your subscription.

 

  1. SERVICE UPDATES AND SOFTWARE:

 

At various times, Nubian TV may choose to make available updates, bug fixes, or other changes or enhancements to the Services (collectively, "Service Updates"). Service Updates may be: (a) automatic, such as in connection with general website changes and additional features or updates to data required by the Service; (b) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and (c) mandatory, in which case you will be required to consent to the Services Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Services.

 

  1. NO ADDITIONAL CHARGE TO SUBSCRIBERS:

 

The Services are available to you at no additional charge provided you meet the Eligibility Criteria set forth in the second paragraph of the introduction to this Agreement, which are: (1) you must reside within the Service Area; (2) you must be a subscriber with an account in od standing with an authorized distributor of Nubian TV that carries Nubian TV  or an authorized distributor of Nubian Radio that carries Nubian Radio , as applicable; and (3) you must subscribe to both Nubian TV and Nubian TV on Demand, or both Nubian Radio and Nubian Radio on Demand, as applicable. In order to open a Registered Account, you MUST register online and provide the required information.

 

  1. SOCIAL MEDIA:

 

In certain instances, you may be able to connect and/or link your Registered Account to certain third party social media sites ("Social Media Sites"), including , without limitation, Facebook and Twitter. BY CONNECTING OR LINKING YOUR REGISTERED ACCOUNT TO ANY SOCIAL MEDIA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR REGISTERED ACCOUNT TO ANY SOCIAL MEDIA SITE.

 

  1. TERMINATION:

 

Nubian TV reserves the right to cancel, terminate or restrict your access to the Services at any time, without notification, for any or no reason whatsoever.

 

  1. CUSTOMER SERVICE:

(a) If you need assistance with the Services and are unable to resolve your question via our Help feature of the Services, please contact your Distributor's website.

(b) If you have specific concerns with the closed caption feature, please contact:

 

Ryan Stets

WarnerMedia Entertainment

30 Hudson Yards

New York, NY 10001

E-mail: Nubian TVclosedcaptions@Nubian TV.com

Phone: 212-512-5722

Fax: 212-512-5637

 

  1. DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SERVICES AND THE SITES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICES AND THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Nubian TV, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Nubian TV, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Nubian TV'S SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Nubian TV, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS:

 

Nubian TV, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURE OF PERFORMANCE, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES AND/OR THE SITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT ON THE SERVICES AND/OR THE SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Nubian TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT Nubian TV) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICES AND/OR THE SITES AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS.  A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 22 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE.  YOU AND WE EACH WAIVE-THAT IS, GIVE UP-THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

 

  1. FEEDBACK AND POSTINGS:

(a) Portions of the Services and/or the Sites may invite you to provide us with feedback. Please be aware that Nubian TV does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by Nubian TV staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send Nubian TV any unsolicited submissions. In any event, no material you send to us will be treated as confidential.

(b) Please also be aware that your feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and Nubian TV, or any of its affiliates or any of its licensees, successors or assigns or place Nubian TV or any of its affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public. You acknowledge and agree that neither Nubian TV nor any of its licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your feedback, and that Nubian TV and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any feedback submitted.

(c) To the extent that use of the Services and/or the Sites provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that Nubian TV does not screen, edit, or review Postings prior to their appearance on the Site or elsewhere, and Postings do not necessarily reflect the views of Nubian TV. To the fullest extent permitted by applicable laws, Nubian TV excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Site or elsewhere. Nubian TV reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of this Agreement or in violation of general community standards and notions of decency. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.

(d) Please act responsibly when using the Services and/or the Sites. You may only use the Services and/or the Sites and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Services and/or the Sites. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Services and/or the Sites is unlawful, you will bear the burden of establishing that it is lawful.

 

  1. HYPERLINKS TO AND FROM THIRD PARTY SITES:

(a) You are not permitted to link to the Services and/or the Sites from any third-party site without the prior written permission of Nubian TV. However, the Services and/or the Sites may link you to other sites on the Internet including, without limitation, sites owned or controlled by our distributors. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Nubian TV, and you acknowledge that (whether or not such sites are affiliated in any way with Nubian TV or its partners) Nubian TV is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Content of such sites. The inclusion of such a link does not imply endorsement of any site by Nubian TV or any association with its operators.

(b) Nubian TV cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Services and/or the Sites. Nubian TV does not endorse any of the merchandise, nor has Nubian TV taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We have no duty to pre-screen information, products and services of third parties (collectively "Third-Party Content"), but we have the right to refuse to post or to edit submitted Third-Party Content. We reserve the right to remove Third-Party Content for any reason, but we are not responsible for any failure or delay in removing such material. Nubian TV does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

(c) Any area of the Services that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.

 

  1. SYSTEM ABUSE:

(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Services and/or the Sites.

(b) You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.

 

  1. INVESTIGATIONS/VIOLATIONS:

Nubian TV along with its respective partners and affiliates reserve the right to investigate suspected violations of this Agreement, and may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. We may suspend any users whose conduct is under investigation and may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these terms of this Agreement has occurred, it may warn users, suspend Usernames and Passwords, terminate Registered Accounts or take other corrective action deemed appropriate. We may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Nubian TV, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Nubian TV DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Nubian TV OR LAW ENFORCEMENT AUTHORITIES.

 

  1. USE IN U.S. ONLY:

The Services are intended for viewing solely within the Services Area. Nubian TV makes no representation that materials or other Content in the Services are appropriate or available for use outside of the Service Area.

 

  1. INDEMNITY:

You agree to indemnify and hold harmless Nubian TV, its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach of any of the foreing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Services' servers, and/or from any and all use of your Registered Account in violation of this Agreement or the failure to fulfill any obligations relating to your Registered Account incurred by you or any other person using your Registered Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

  1. DISPUTE RESOLUTION

 

Our customer-service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact Nubian TV Customer Support at Nubian TVhelp@Nubian TV.net.  In the unlikely event that you're not satisfied with customer service's solution (or if Nubian TV has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court.

 

In addition, under certain circumstances (as explained below), we will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what we have offered you to settle the dispute.

 

ARBITRATION AGREEMENT

 

(a) Claims Subject to Arbitration: and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

-claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;

-claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

-claims for mental or emotional distress or injury not arising out of physical bodily injury;

-claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;

-claims that may arise after the termination of this Agreement.

 

References to "Nubian TV," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns (including AT&T and its affiliates); and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foreing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act verns the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

 

 (b) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Nubian TV should be sent by certified mail to: WarnerMedia Entertainment General Counsel, 30 Hudson Yards, New York, NY 10001 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").

 

If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled. You may download a form to initiate arbitration at:

adr.org/sites/default/files/

Consumer_Demand_for_Arbitration_Form_1.pdf.

 

(c) Arbitration Procedure: The arbitration will be verned by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.)  The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide.  The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.

 

(d) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be verned by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be verned by the AAA rules.

 

(e) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:

-pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater;

-pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

 

If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.

 

The right to the attorney premium supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys' fees or costs. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.

 

(f) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.

 

(g) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

 

  1. SEVERABILITY:

Except as specified in Section 22 (Dispute Resolution), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

 

  1. ELECTRONIC SIGNATURE:

As a Registered Accountholder, your use of the Services enables you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Service.

 

  1. FORCE MAJEURE:

 

Nubian TV shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of d, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, vernmental action, or other cause beyond its control.

 

  1. EXPORT CONTROL:

 

You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the software may not be exported or re-exported into any U.S. embared countries or to any persons listed as prohibited under applicable law or regulation.

 

  1. VERNING LAW AND VENUE

 

This Agreement shall be verned by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.  To the extent that a dispute is not subject to arbitration under Section 22 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in Suffolk County, Massachusetts; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Suffolk County, Massachusetts for the adjudication of all non-arbitral claims.