COPYRIGHT, PIRACY, AND INTELLECTUAL PROPERTY STATEMENT

1.      Intellectual Property Rights

The Website, except all user uploads (as defined below), including without limitation, all content, media and materials, all SM TOTAL tv software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colours, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed by SM TOTAL tv and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under Nigeria and foreign laws and international conventions. You may not copy, reproduce, distribute, broadcast, display, sell,

License, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of their respective owners.

 

2.      User Uploads

A. We allow our users to upload video/Audio or other material and the hosting, sharing, and/or publishing of such upload (“Submissions”). You shall be solely responsible for your own uploads and the consequences of posting or publishing them. In connection with your uploads, you affirm/warrant that:

•  you have the written consent, release, and/or permission of each and every identifiable person in the Submission to use the name or likeness of each individual for use in your Submissions in the manner contemplated by these terms of service;

•  your Submission is compliant with “all applicable laws”;

•  You retain all of your ownership rights in your Submissions. However, by uploading the material to us, you grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the Submission in connection with the Website and business; and

•  the posting of your Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and

•  you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Website;


B. Content on the Website is provided to you AS IS for your information and personal use only. You further agree that you will not:


•  upload material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SM TOTAL tv all of the license rights granted herein;

•  allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent;

•  publish falsehoods or misrepresentations that could damage SM TOTAL tv or any third party;

•  upload material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

•  upload material depicting or implying rape, forced sexual acts, bestiality, death, use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art);

•  upload material depicting violence, abuse (actual harm to another living thing);

•  upload material that depicts or promotes incest;

•  depict or promote coprophilia, also known as “fecophilia” or “scat”;

•  use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Website, unless you are expressly authorized to do so by us;

•  use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser;

•  collect or harvest any personally identifiable information, including account names, from the Website;

•  to solicit, for commercial purposes, any users of the Website with respect to their Submissions;

•  Impersonate another person.


C. We do not endorse any user upload, and expressly disclaim any and all liability in connection with user uploads. SM TOTAL tv does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content if  properly notified of infringements on third party's intellectual property rights. Repeat infringers will have their user access to the Website terminated.


CONTENT OWNERS AND TAKE-DOWN REQUESTS


In order to protect content owners from abusive take-down requests, or requests sent in error, we do not automatically disable videos that are owned by a content owner. If such a notice was sent through the Contact Us form for copyright infringements, the sender will receive a Take-Down Request confirmation email, and will be requested to email us with more information.

If you sent us a notice through direct email or letter we will try to inform you of the situation however we cannot guarantee that we will do it every time because some notices include many links.

However it is sometimes difficult to evaluate content so if you think some Users on SM TOTAL tv do not own the content they are uploading please contact us and we will remove the uploaded content

 

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that SM TOTAL tv is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SM TOTAL tv with respect thereto, and agree to indemnify and hold SM TOTAL tv and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.