| 1. ACCEPTANCE OF TERMS AND CONDITIONS |  |
| KuduClub.com ("Site"), provides its Service to you, subject to the following Terms of Use ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time right here. If you do not or cannot agree with any part of the following Terms, you may not use the Site or any of the services provided on the Site. |
| 2. AMENDMENT OF TERMS | |
| KuduClub.com may amend these Terms at any time by posting the amended Terms on the Site. Except as otherwise provided herein, all amended terms and conditions will automatically be effective ten (10) days after they are posted on the Site. The Terms may not otherwise be amended except in writing signed by you and KuduClub.com. If you do not or cannot agree to the amended terms and conditions, your sole option is to cease all use of the Service and access of the Site. Any use of the Service or access of the Site after the amended Terms become effective will be deemed an acceptance by you of the amended Terms. |
| 3. CONTENT RIGHTS AND OWNERSHIP | |
| You acknowledge and agree that the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") presented to you on the Site or through the Service or contained in sponsor advertisements are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Subject always to these Terms, KuduClub.com grants you a personal, non-transferable and non-exclusive license to download and/or view the Content for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. Other than for your personal and private viewing, you agree not to distribute, modify, transmit, reuse, re-post, or use the Content available on the Site for any purpose, and further agree not to modify, rent, lease, loan, sell, distribute, reverse engineer (other than to the extent permitted by law) or create derivative works based on the Content, in whole or in part, without KuduClub.com's express written permission. Images of people or places displayed on the Site are either the property of KuduClub.com, or used with permission by KuduClub.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Where copyright in certain Content is restricted to viewing and/or download in certain territories, you agree not to redistribute or in any way assist in the redistribution of the Content outside the restricted territory. |
| 4. DEALINGS WITH ADVERTISERS | |
| Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KuduClub.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. |
| 5. DISCLAIMER | |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KUDUCLUB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
b. KUDUCLUB.COM MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT WITHOUT PREJUDICE TO SECTION 18 BELOW YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIAZONE.COM, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. |
| 6. EXCLUSIONS AND LIMITATIONS | |
| Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you. |
| 7. FREEZONE | |
| The “FreeZone” allows non paying subscribers to get a sample of what the viewing experience is like on KuduClub.com. All material is Free and is accessible on demand at a high bit rate. Material range between a selection of comedy, drama, movies, actuality, variety, sports magazines, soap series, short clips and promos. No publication schedule exist and KuduClub.com holds the right to remove any piece of material at any given time. |
| 8. GENERAL INFORMATION | |
| The Terms constitute the entire agreement between you and KuduClub.com and govern your use of the Service, superseding any prior agreements between you and KuduClub.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The construction and validity of the Terms and the relationship between you and KuduClub.com shall be governed by U.S. law. You and KuduClub.com agree to submit to the personal and exclusive jurisdiction of the United States courts, save that nothing in this Section shall limit the right of KuduClub.com to take proceedings against you in any other court of competent jurisdiction, nor should the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings by KuduClub.com in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. The failure of KuduClub.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. |
| 9. INDEMNITY | |
| You agree to indemnify and hold KuduClub.com, and its subsidiaries, affiliates, officers, agents, co branders or other partners, and employees, harmless from any claim or demand, including reasonable costs, legal fees and expert costs, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. |
| 10. KUDUCLUB.COM'S RESERVATION OF RIGHTS | |
| Without prejudice to KuduClub.com's other rights as described in these Terms, KuduClub.com expressly reserves the right to: a. at KuduClub.com's option, immediately modify, suspend or terminate your account and refuse current or future use of the Service if KuduClub.com becomes aware of information indicating a safety concern for you, other KuduClub users or the general public. KuduClub.com may exercise these remedies immediately upon occurrence of such events, without prior notice and without refund or compensation. b. without notice, immediately terminate your account and refuse current or future use of the Service for any other reason, upon refund of the membership fees you have paid to KuduClub.com, Inc. for the month in which KuduClub.com exercises this option, and any fees you may have paid in respect of your future use of the Service. |
| 11. LIMITATION OF LIABILITY | |
10.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT KUDUCLUB.COM'S LIABILITY FOR (I) THE TORT OF DECEIT, (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE (AS DEFINED IN SECTION 1 OF THE UNFAIR CONTRACT TERMS ACT 1977); (III) ANY BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 SALE OF GOODS ACT 1979 OR SECTION 2 SUPPLY OF GOODS AND SERVICES ACT 1982; OR (IV) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
10.2 WITHOUT PREJUDICE TO SECTION 17.1, KUDUCLUB.COM DOES NOT ACCEPT AND HEREBY EXCLUDES ANY LIABILITY IN NEGLIGENCE OTHER THAN SUCH LIABILITY ARISING PURSUANT TO THE TERMS OF THESE TERMS.
10.3 WITHOUT PREJUDICE TO SECTION 17.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KUDUCLUB.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFIT ON CONTRACTS), REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, USE OF MONEY, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KUDUCLUB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
10.4 WITHOUT PREJUDICE TO SECTION 17.1, KUDUCLUB.COM AGGREGATE LIABILITY UNDER THESE TERMS SHALL IN NO EVENT EXCEED 100% OF THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU UNDER THESE TERMS. |
| 12. LINKS | |
| The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KuduClub.com has no control over such sites and resources, you acknowledge and agree that KuduClub.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KuduClub.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. |
| 13. MEMBER ACCOUNT, PASSWORD AND SECURITY | |
| You will receive a password upon completing the Service's registration process and account set up. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities on your account that occur under your password. You agree to (a) immediately notify KuduClub.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. To the maximum extent permitted by law, KuduClub.com will not be liable for any loss or damage arising from your failure to comply with this Section. |
| 14. MEMBER CONDUCT | |
| You agree that you will not: a. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or b. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law. |
| 15. MODIFICATIONS TO SERVICE | |
| The Site, the Service and their benefits are offered at the sole discretion of KuduClub.com. KuduClub.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice in its sole discretion. You agree that KuduClub.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof. |
| 16. NO RESALE OF SERVICE | |
| You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. |
| 17. NOTICE | |
| Notices to you may be made via either email or post. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. |
| 18. PAYMENT TERMS | |
| The credit card or alternate payment method that you provide as part of your Registration Data will be automatically and immediately charged the then-current fee for the service. All fees are non-refundable and non-creditable. All current references are in U.S. dollars. The prices and terms of sale for KuduClub.com memberships and other Content transactions will be those in effect (and presented to you either through the purchase process and/or incorporated by reference via presenting you with a link to the purchase terms during that process) on the date on which you submitted sufficient information to complete your order (e.g. valid credit card information). KuduClub.com reserves the right to change prices for it's services at any time, and, with regard to content to which you do not have current paid access, KuduClub.com is not responsible for any sudden price changes, including without limitation requiring payment for Content that was previously free or eliminating charges for Content that previously required payment. Notwithstanding the foregoing, if we raise the price of, or otherwise change the material terms to, a membership package, we will give current subscribers 30 days advanced notice via email of the change, and subscribers may cancel their membership within that period to avoid being bound by the new pricing or terms. You are responsible for keeping KuduClub.com informed of your current email address, checking your spam/bulk mail filters for important notices about upcoming changes to your service, for contacting us via email if you do not accept those changes, and for the loss or misdelivery of such notices. KuduClub.com will charge your credit card as soon as is reasonably practicable for KuduClub.com. KuduClub.com shall not be liable in any way with respect to the timing of any charges to your credit card when such delays are beyond our reasonable control. |
| 19. SCOPE OF SERVICE | |
| You understand and agree that the Service may include certain communications such as advertisements, service announcements, program information, administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms. You understand and agree that the Service is provided "AS IS" and that KuduClub.com assumes no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or air time charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. You agree not to access the Service by any means other than through the interface that is provided by KuduClub.com for use in accessing the Service. You also acknowledge that your right to access the Service is limited to the number of hours specified in the membership package you purchase from KuduClub.com. Due to rights restrictions; certain programming may not be available in certain territories. You agree that your membership may not entitle you to receive all the programming on the service. |
| 20. SOCIAL NETWORK | |
| KuduClub.com offers paying and non paying subscribers the opportunity to connect with other users, family and friends around the world via the “KuduClub.com Social Network” for Free. Here users can create a profile, blog and upload images and videos for other members to see and rate. KuduClub.com Social Network is a service that allows its responsible members to upload image and video content. You must own the rights to all content posted (including all photos and videos). Content can be professionally shot or self-generated, however you must own the rights to it. All content must be 'self generated' (recorded either by yourself or friends, and you must have all rights to content not recorded by yourself). |
| 21. SPECIAL ADMONITIONS FOR INTERNATIONAL USE | |
| Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of Content from the country of export, or the country in which you reside. |
| 22. TERM AND TERMINATION | |
Term and Automatic Renewal
The monthly membership to the Service is provided on either a pre-pay month-to-month, or annual basis commencing on the date that you sign up for the Service. The Service will automatically be renewed on the anniversary of that sign-up date each month or year, unless you cancel the Service in accordance with the section.
If you choose the following membership options, you will be billed as follows:
Annual Billing: You will be billed on the same day as the purchase at $99.50 and have a recurring billing of $119.40 every 12 months.
Monthly Billing: You will be billed on the same day as the purchase at $9.95 and have a recurring billing of $9.95 every month.
This will include all video content (subject to geographical restrictions).
Cancellation
You can cancel your monthly KuduClub.com membership at any time by contacting us and requesting cancellation of your membership. Cancellation of your membership prior to the end of the pre-paid month will not take effect until the end of that term and you will not receive a refund. During that time, you will continue to have access to the Service until the conclusion of that particular monthly term of your membership. For example, if you cancel ten (10) days after your credit card or alternative payment method has been billed for your membership for a particular month, i.e. June, you will continue to have access to the Service for the remaining twenty (20) days of the term, and the cancellation will only be effective at the end of that remaining 20-day period. You may also cancel your annual membership at any time, but you will not be refunded any portion of this fee.
Some events are linked to your KuduClub.com membership package. If you have an event package linked to your membership, you cannot cancel your membership without losing access to the specific membership package.
Termination
KuduClub.com expressly reserves the right to, at KuduClub.com's option, immediately modify, suspend or terminate your account and refuse current or future use of the Service if:
(a) your credit card or alternative payment method is invalid for any reason,
(b) you charge back to your credit card or alternative payment method the fees due under these Terms,
(c) KuduClub.com, in its sole discretion, believes that you have engaged in manipulation of the Service,
(d) KuduClub.com, in its sole discretion, believes you have violated or tried to violate the rights of others,
(e) KuduClub.com, in its sole discretion, believes you have failed to provide or maintain valid, accurate, current and complete Registration Data or other information,
(f) KuduClub.com, in its sole discretion, believes you have disclosed your KuduClub password or other information, or used your account to enable access to the Service for anyone other than yourself; or
(g) KuduClub.com, in its sole discretion, otherwise believes you have acted inconsistently with the spirit or letter of the Terms.
KuduClub.com may exercise its remedies immediately upon occurrence of the events listed above, without prior notice and without refund or compensation. |
| 23. THE KUDUTV SCHEDULE | |
| Content is made available as per broadcast rights agreements and availability varies according to geographic territory. Scheduled published times may vary and change without prior notice for specific content as stipulated in the KuduTV Schedule. |
| 24. THE SERVICE | |
| KuduClub.com is a service through which registered KuduClub.com users can access online media for a fee. Registered users can also access certain online media for free via the FreeZone and the KuduClub.com Social Network. |
| 25. TRADEMARK INFORMATION | |
| KuduClub, M-Net on Demand, the KuduClub logo and service marks, and other KuduClub logos and product and service names are trademarks. Without prior permission from KuduClub.com, you agree not to display or use in any manner the KuduClub.com Marks. |
| 26. VIOLATIONS | |
| Please report any violations of the Terms to us on our “Contact Us” page. |
| 27. YOUR REGISTRATION OBLIGATIONS | |
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KuduClub.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KuduClub.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). KuduClub.com is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child. |