Terms of use

TERMS OF USE

Welcome to Nvdtn!

Introduction

Thank you for using the Nvdtn Platform and the associated Nvdtn products, services, and features we make available to you (collectively, the "Service"). 

Our Service

The Service allows you to discover, watch, and share videos and other content, provides a way for you to inform, inspire, and connect with people around the world, and serves as a distribution platform for original content creators and advertisers of all sizes. A wealth of information about our products and how to use them is available in our  Help Center . This includes information about Nvdtn, the Nvdtn Partner Program, and Nvdtn Paid Subscriptions and Purchases.

You will also find information on how to enjoy content from other devices, such as your television and game consoles.

Applicable conditions

Your use of the Service is subject to these terms and conditions, the Nvdtn Community Guidelines, and the measures described in the Rules, Safety, and Copyright page (when you agree to them, these rules and conditions are collectively referred to as the "Agreement"). Your Agreement with us also includes the rules described in the Advertising on Nvdtn page if you provide advertising or sponsorship on the Service, or if your Content includes commercial communications.

Please read the terms of this Agreement carefully and make sure you understand them. If you do not understand or do not agree to any of the terms of the Agreement, you must not use the Service.

Who can use the Service?

Minimum age requirement

To use the Service, you must be at least 15 years old; however, children of all ages may use the Service and the Nvdtn application (if applicable), if authorized to do so by a parent or legal guardian.

Parental or legal guardian consent

If you are under 18, you must obtain the express consent of your parent or legal guardian to use this Service. Please review this Agreement with them.

If you are the parent or legal guardian of a user under the age of 18, when you accept the Agreement you acknowledge that by authorizing your child to use the Service, you are subject to the terms of this Agreement and are responsible for your child's activities on the Service. In our  Help Center, you will find tools and resources to help you manage your family's activity on Nvdtn (including how to authorize a child under the age of 15 to use the Service).

Companies

If you are using the Service on behalf of a company or organization, you confirm that you have the authority to act on behalf of that entity, and that that entity agrees to the terms of this Agreement.

Your Use of the Service

Content available on the Service

The content available on the Service includes video files, audio files (e.g., music or other sounds), graphics, photos, text (e.g., comments or scripts), trademarks (including trade names, trademarks, service marks, or logos), interactive features, software, statistics, and other resources (collectively, "Content"). Content may be made available on the Service and distributed by our users, and Nvdtn is a hosting service provider for such Content. The person or entity that makes Content available on the Service is responsible for it. If you identify Content that you believe does not comply with the terms of this Agreement, such as a violation of our Community Guidelines or a violation of the law, you may report it to us.

Nvdtn Accounts

You can use some of the features of the Service, such as browsing or searching for Content, without having an Nvdtn account. However, an Nvdtn account is required to access certain features. With an Nvdtn account, you can click "Like," subscribe to channels, create your own Nvdtn channel, and much more. You can follow the instructions accessible via the following link to create an Nvdtn account.

If you create an Nvdtn channel, you'll have access to additional features that allow you to, among other things, upload videos, add comments, and create playlists. You can visit the following link to find the information you need to  create your own Nvdtn channel.

To protect your Nvdtn account, keep your password confidential. Avoid reusing your Nvdtn account password in third-party applications. The following link provides information on how to protect your Nvdtn account, including steps to take in case of unauthorized use of your password or Nvdtn account.

Your information

Our Privacy Policy describes how we handle your information and protect your privacy when you use the Service. The Nvdtn Privacy Notice contains additional information about our privacy practices specific to Nvdtn.

All audio and audiovisual content you upload to the Service is processed by Nvdtn in accordance with Nvdtn's Data Processing Terms, except where you upload such content for personal or family use. Learn more.

Permissions and restrictions

You may access and use the Service as provided, subject to your compliance with this Agreement and applicable law. You may watch or listen to Content for your personal, non-commercial use. You may also stream Nvdtn videos through the Nvdtn embedded player.

The following restrictions apply to your use of the Service. You are not permitted to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use all or any portion of the Service or Content except: (a) as explicitly permitted by the Service; (b) with the prior written permission of Nvdtn and, where applicable, rights holders; or (c) in accordance with applicable law;
  2. hijack, disable, misuse, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict copying or other use of the Content, or (b) limit use of the Service or the Content;
  3. access the Service through automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with the Nvdtn robots.txt file; (b) with Nvdtn's prior written permission, or (c) where permitted by law; or (c) in accordance with applicable law;
  4. collect or use any information that identifies an individual (e.g., usernames, facial features), except as expressly authorized by the individual(s) concerned or as provided in Section 3 above;
  5. use the Service to distribute unsolicited promotional or commercial content, or send unwanted or repeated solicitations (spam);
  6. cause or encourage inaccurate measurements of actual user engagement on the Service, including paying or otherwise incentivizing users to increase the number of views, likes, or dislikes, artificially inflate channel subscribers, or otherwise manipulate statistics;
  7. abuse any reporting, flagging, complaint, dispute or appeal process, including to make unfounded, offensive or frivolous claims or accusations;
  8. organize, on or through the Service, contests that do not comply with the Rules and guidelines relating to contests on Nvdtn;
  9. use the Service to view or listen to Content for any purpose other than personal, non-commercial use (for example, you may not stream videos or music to a public audience from the Service); or
  10. use the Service to: (a) sell advertising, sponsorship, or promotional content in or on the Service or Content, except as permitted by the provisions described in the Nvdtn Advertising Rules (such as product placements consistent with applicable rules); or (b) sell advertising, sponsorship, or promotional content on a page of a third-party website or application that contains exclusively Service Content or relies primarily on Service Content to make or encourage such sales (for example, selling advertising on a webpage where Nvdtn videos are the only valuable content).

Reserves

Any rights not expressly granted by these Terms of Use are deemed to be reserved by Nvdtn or their respective rights holders. This means, for example, that use of the Service does not grant you any intellectual property rights in the Content you access (or in any trademarks used or displayed in the Service).

Develop, improve and update the Service

Nvdtn is constantly modifying and improving the Service. As part of the constant evolution of our digital content and services, we make modifications or changes (concerning all or part of the Service) consisting, for example, of adding or removing features, offering new services or digital content, or discontinuing older ones. We may also modify the Service for the following reasons:

  • Adapting to new technologies
  • Take into account the evolution of the number of users of a particular product, feature or service
  • Take into account important changes regarding the licenses and partnerships we have entered into with third parties
  • Prevent any harm or misuse
  • Meet legal, regulatory or security requirements

In particular, we sometimes make updates resulting from legal obligations, to allow our digital content or our goods or services to remain compliant with the law. We update our services and digital content for security reasons, but also to ensure that they meet the quality standards that correspond to your expectations, for example those described in the "Legal Guarantee" section below. We may automatically install updates that address important security risks. You can choose whether or not to install other updates.

Before changing or discontinuing parts of the Service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact of the change on you and others. We only change or discontinue parts of the Service for good reason. If any changes negatively impact your access to or use of the Service, we will provide you with reasonable notice by email, except in urgent situations, such as to prevent harm or misuse, to comply with legal obligations, or for security or operational reasons. Such notice will include a description of the changes, their effective date, and inform you of your right to terminate your contract with us if the changes have a significant negative impact on you. We will also provide you with the ability to export your Content using the Nvdtn tool, subject to applicable laws and regulations.  

Your Content and Conduct

Uploading Content

If you have an Nvdtn channel, you may upload Content through the Service. You may use such Content to promote your business or artistic activity. If you choose to upload Content, you must not submit Content to the Service that violates this Agreement or that violates any law. For example, the Content you submit must not include the intellectual property of a third party (e.g., material protected by copyright), unless you have the express permission of that third party or are otherwise legally authorized to do so (including pursuant to any available exceptions or limitations to copyright or related rights provided for under African Union law). Furthermore, you must not use the Service to make illegal Content available to the public, and in particular Content:

  • inciting hatred, violence or discrimination based on people's origin, race, religion, gender or sexual orientation;
  • constituting sexual harassment;
  • violating human dignity (such as human trafficking or pimping);
  • advocating or denying the existence of crimes against humanity;
  • promoting terrorism;
  • advocating very serious crimes against persons (e.g. murder and sexual assault);
  • advocating theft, extortion and attacks on property, dangerous to people;
  • constituting child pornography.

You are legally responsible for the Content you submit to the Service. We may use automated systems to analyze your Content. These systems help us detect any misuse or violation, such as spam, malware, or illegal content, including those listed above, in order to limit its distribution to the public. When Content is identified by our algorithms as illegal, it may be removed in whole or in part, and your access to our services may be suspended or blocked. For more information, see the "Account Suspension and Termination" section below. 

The rights you grant

You retain all ownership rights in your Content. What's yours stays yours. However, we require you to grant certain rights to Nvdtn and other users of the Service, as described below.

License Agreement to Nvdtn

By submitting Content to the Service, you grant Nvdtn a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use such Content, the right to reproduce, host, create technical copies of, distribute, communicate to the public, modify, analyze, display and perform it solely for the purpose of operating, promoting and improving the Service.

License Grant to Other Users

You also grant each user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service and to use such Content (including the right to reproduce, distribute, modify, display or perform it) as permitted through the functionality of the Service.

Duration of the license

The licenses you grant expire only upon removal of the Content, as described below. Once Content is removed, the licenses terminate, except where required by law for the operation of the Service, the use of the Content permitted prior to removal, or as otherwise required by law. For example, if you remove your Content yourself, Nvdtn is not required to (a) recall Content that other users are using via a limited offline viewing feature, or (b) delete copies that we are required to retain for legal reasons.

Right to monetize

You grant Nvdtn the right to monetize your Content available on the Service (such monetization may include displaying ads on or in the Content, or charging users access fees). This Agreement does not entitle you to any payment. Beginning June 1, 2021, all payments you may be entitled to receive from Nvdtn under any other agreement between you and Nvdtn (including, for example, payments under the Nvdtn Partner Program, channel subscriptions, or Super Chat) will be considered royalties. If required by law, Nvdtn will withhold tax on such payments.

Deleting Your Content

You may delete your Content from the Service at any time. You may also make a copy of your Content before deleting it. You must delete your Content if you no longer have the rights required by these terms.

Content Removal by Nvdtn

If there are objective and concrete reasons to believe that any of your Content (1) violates the terms of this Agreement (including Illegal Content, as defined above in the "Uploading Content" section) or (2) is likely to harm Nvdtn, our users, or third parties, we reserve the right to delete such content or remove it in whole or in part. We will inform you of the reason for such action and you will be informed of the reasons for such action and the internal and legal remedies available to you, unless we have objective and concrete reasons to believe that doing so may: (a) violate the law, contravene the directives of law enforcement authorities, or otherwise risk legal liability for Nvdtn or our Affiliates; (b) compromise an investigation, or the integrity or operation of the Service; or (c) harm our users, third parties, Nvdtn, or its Affiliates in any way. To learn more about reporting and enforcement, or to learn how to appeal, visit the Resolving Video Removal Issues page in our Help Center.

Warnings for violating community guidelines

YouTube implements a strike system for content that violates the Nvdtn Community Guidelines. A strike carries various restrictions and may result in the permanent removal of your channel from Nvdtn. A full description of the consequences of a strike on your channel is available on the Community Guidelines Strike Basics page. If you believe a strike was issued in error, you can appeal.

If your channel is restricted as a result of a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition constitutes a material breach of the provisions of this Agreement, and, if so, Nvdtn reserves the right to deactivate your Nvdtn account or remove your access to all or part of the Service.

Copyright Protection

We provide copyright owners with information to help them manage their intellectual property online in our Nvdtn Copyright Center. If you believe your copyright has been infringed on the Service, please notify us.

We respond to notices of alleged copyright infringement in accordance with the process described in our Nvdtn Copyright Center, where you can also find information on how to resolve a copyright strike. Nvdtn's rules provide for the termination, in certain cases, of accounts of repeat infringers.

Account Suspension and Closure

Do-it-yourself fencing

You may stop using the Service at any time. You may also delete the Service from your Nvdtn account, which involves closing your Nvdtn channel and deleting your data, with the option to download a copy beforehand.

Account suspension and closure by Nvdtn

Nvdtn reserves the right to suspend or terminate your Nvdtn account or your access to all or part of the Service if: (a) you commit a substantial or repeated breach of this Agreement, (b) we are compelled to do so in order to comply with the law or a court order, or (c) we have objective and concrete reasons to believe that conduct may give rise to liability for, or otherwise harm, our users, third parties, Nvdtn or its Affiliates. Such suspension or termination is based on a case-by-case review, taking into account objective factors. When an account suspension or termination results from the illegal nature of your Content, we ensure that the measure is proportional to the seriousness of the infringement. In this assessment, we will take into account the nature and the repeated or occasional nature of the infringements.

Notice of suspension or closure

We will inform you of the reason why your account has been suspended or terminated, unless we have objective and concrete reasons to believe that doing so may: (a) violate the law or go against the directives of law enforcement authorities; (b) compromise an investigation; (c) compromise the integrity, operation and security of the Service; or (d) harm our users, third parties, Nvdtn or our Affiliates in any way.

Effect of account suspension or closure

If your Nvdtn account is closed or if your Nvdtn account's access to the Service is restricted, you may continue to use certain features of the Service (such as simple viewing) without having an account, and the terms of this Agreement apply to such use. If you believe that the closure or suspension of your account is not justified, you may appeal this decision using this form and request that Nvdtn restore your account. Your request will be reviewed by our teams in order to provide you with a response as quickly as possible. You may also refer the matter to the competent court.

About the software in our Service

Downloadable software

Where the Service requires or includes downloadable software (such as the Nvdtn Studio application), unless such software is subject to additional licensing terms, Nvdtn grants you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the software provided by Nvdtn in the Service. This license is for the sole purpose of enabling you to use and benefit from the Service as provided by Nvdtn, in the manner agreed to in this Agreement. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the software, in whole or in part, unless applicable law supersedes these restrictions or you have received written permission from Nvdtn.

Open Source

Some software used in connection with the Service may be offered under an Open Source license. The provisions of an Open Source license may expressly override some of these terms. In such cases, we will make such Open Source license available to you.

Other clauses

Legal guarantee

If you are a consumer based in the AU and have accepted our terms of use, AU consumer protection laws provide you with a legal guarantee covering the services or digital content we provide to you. Under this guarantee, we are responsible for any lack of conformity you may experience:

  • within two years of the one-off provision of services or digital content (such as the purchase of a film);
  • at any time during the “ongoing” provision of services or digital content (such as a subscription).

The laws of your country may provide for an even longer warranty period. Your rights under these statutory warranties are not limited by any other commercial warranties we offer. If you wish to make a warranty claim, please contact us.

Disclaimer

By law, consumers have certain rights that cannot be excluded or modified by contract. Nothing in this Agreement affects these rights that you have as a consumer. Other than the provisions expressly described in this Agreement and the legal requirements (see the "Legal Guarantee" section), Nvdtn does not provide any specific warranties regarding the Service. For example, we make no other promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or the fact that any Content you submit is accessible and stored on the Service.

Limitation of liability

Relating to all users: Nothing in this Agreement is intended to exclude or limit the liability of either party for: death or personal injury; fraud; fraudulent misrepresentation; or liability which cannot be excluded or limited by law.

To the extent permitted by applicable law, Nvdtn and its Affiliates shall not be liable:

  1. losses that do not result from a breach of this Agreement by Nvdtn or its Affiliates;
  2. loss or damage which, at the time this Agreement between you and Nvdtn came into effect, was not a reasonably foreseeable consequence of breaches by Nvdtn and its Affiliates of the Agreement; or
  3. of any Content submitted by a user, or any conduct of a user that is defamatory, abusive or illegal.

Business Users: If you use the Service for commercial, entrepreneurial, craft or professional purposes (hereinafter referred to as a “Business User”), to the extent permitted by applicable law, the following limitations of liability also apply:

  1. Nvdtn and its Affiliates will not be liable for any loss of profits, revenue or data; loss of opportunities or anticipated savings; indirect or consequential losses, or punitive damages (whether such losses were foreseeable or not); and
  2. The total liability of Nvdtn and its Affiliates for any claim arising out of or related to the Service is limited to the greater of: (a) the amount of revenue Nvdtn paid to you for your use of the Service in the 12 months prior to your written notification of such claim to Nvdtn.

Links to third-party sites

The Service may include links to third-party websites and online services that are not owned by Nvdtn and over which we have no control. Nvdtn does not operate these websites and online services, and is not responsible for their use. We encourage you to be aware when you leave the Service and to carefully read the terms and conditions and privacy policies of each third-party website and online service that you access.

About the Contract

Modification of this Agreement

We may change this Agreement (1) to reflect adjustments to our Service or the way we do business, such as when we add new products or features or remove old ones, (2) for legal, regulatory or security reasons, or (3) to prevent harm or misuse.

We will notify you of changes to this Agreement a reasonable time before they become effective (by email or other appropriate means), to give you time to review and accept them, except (1) when such changes concern a new product or feature, or (2) in urgent cases (for example, to prevent ongoing misuse or meet legal obligations). If you do not agree to these new terms, you must delete the Content you have uploaded and stop using the Service.

Continuity of Contract

If you terminate your use of the Service, the following terms of this Agreement will continue to apply to you: "Other Terms", "About the Agreement"; the licenses you grant will continue in certain limited circumstances, as described in "License Term".

Independence of clauses

If any particular term of this Agreement is found to be unenforceable for any reason, this shall not affect the remainder of the terms, unless otherwise provided by applicable law.

Cession

Nvdtn may assign all or part of this Agreement to one of its Affiliates or, if Nvdtn is assigned, to a third party, provided that this does not restrict your rights without your consent. 

No Waiver

If you breach this Agreement and we do not take action immediately, that does not mean that we are giving up any rights we may have (for example, the right to take action later).

Applicable law

If you reside in the African Union (AU) Area, this Agreement and your relationship with Nvdtn under this Agreement will be governed by the laws in force in your country of residence, and legal proceedings may be brought in your local courts.

 

Contact us directly :  support@nvdtn.com / +225 07 57 83 4745