These statements will explain how NimiTV Inc.(the "Company" or "Nimitv") operate access to and use of Website and Service(s) provided by NimiTV Inc.
Your access to and use of the Web Site and Service(s) provided by NimiTV Inc. and its affiliates (the "Company" or "Nimitv"), and any third party licensors, including any purchases for products and service(s) (the "Service(s)") sold via the Web Site, is exclusively governed by these Terms of Use. BY ACCESSING OR USING OUR WEB SITE AND/OR SERVICE(S), YOU ACCEPT AND AGREED TO BE BOUND BY THESE TERMS OF USE AS THE COMPANY MAY MODIFY THEM FROM TIME TO TIME. The data contained in our Web Site and/or Service(s) is for entertainment, educational and informational purposes only and is not represented to be error free. The Company attempts to ensure that the data provided or otherwise displayed on our Web Site and/or Service(s) is accurate. However, the Web Site and/or Service(s) and its contents are provided on an "as is, as available" basis. Use of the Web Site and/or Service(s) and its contents is at the user's sole risk. The Company does not warrant that any functions of the Web Site and/or Service(s) will be uninterrupted or error-free, that defects will be corrected, or that the Web Site and/or Service(s) will be free from viruses or other harmful components. Any links to information not associated with the Company are provided as a courtesy and do not constitute an endorsement by the Company or its licensors as to any linked materials. If any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected.
All content of our Web Site and Service(s) is the copyrighted material of the Company or the appropriate contributor, and is protected by international copyright, trademark and other applicable laws. The Web Site and Service(s) includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Company or other third parties. Except as set forth in the relevant license agreements, nothing contained in our Web Site and/or Service(s) grants any license or other right to any of the Company's intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Web Site and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Web Site and/or Service(s) without obtaining the written permission of the Company.
This Web Site and Service(s) are created and controlled by the Company in the Country of Kosovo. As such, the laws of the Country of Kosovo will govern these Terms of Use without giving effect to any principles of conflicts of laws. The parties agree that a condition of using this Web Site and/or Service(s) is that any and all claims arising out of use of this Web Site and/or Service(s) will be tried in the Country of Kosovo and Kosovo law will apply. The Kosovo courts in Prishitna City shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use.
As part of the Web Site and/or Service(s) you agree to receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of this communication you will have the option to opt-out or unsubscribe.
With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Web Site or Service(s) ("User Content") is your responsibility and the Company assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Web Site or Service(s). As the user of the Web Site and/or Service(s), you are hereby acknowledging that the community oriented functionality of the Web Site and Service(s) is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public and allow any other user of the Web Site and/or Service(s) access to that information. You further acknowledge that certain community features may allow users to contact and otherwise communicate with you directly. The Company does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of the Web Site and Service(s). The Company is not responsible for monitoring or policing this exchange of information and it is your responsibility to understand the nature of such communication mediums and use your own judgment and consideration as to what information you provide, exchange and otherwise make available. You are using the Web Site and/or Service(s) with the express knowledge that you are sharing information with known and unknown people and you assume all risks, consequences, liability and responsibility inherent with that exchange of information. In addition, the Company does not control the User Content posted via the Web Site or Service(s) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Web Site and/or Service(s), you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Web Site and/or Service(s).
The Company expressly states and you hereby acknowledge and understand that the Company is not accepting any responsibility for monitoring or policing the exchange of User Content and other information included or otherwise made available through the Web Site or Service(s) and that the Company does not accept any liability or responsibility express or implied involved with or resulting from the use of the Web Site and Service(s). However, as the provider of the Web Site and Service(s), the Company reserves the right to monitor, view, store, forward and use any and all information and content provided by you through the use of the service. Furthermore, the Company may use any and all User Content and other information made available or otherwise provided by you through the use of the Web Site and Service(s) in various ways, including but not limited to, understand user behavior and patterns, for internal discussion, make decisions about advertising placement and sponsors, improving the quality, functionality and user experience of the Web Site and Service(s) and any related materials. Furthermore, you acknowledge and agree to comply with and strictly adhere to the member conduct detailed in the Member Conduct section of this agreement.
You are solely responsible for User Content that you provide on the Web Site or Service(s). With respect to User Content, you hereby represent and warrant that (a) you own the User Content or have all necessary licenses or permissions necessary to provide the User Content and authorize the Company to use all copyright, patent or other proprietary rights in and to any User Content in manner required pursuant to the Web Site or Service(s); and (b) you have the written consent, license or permission of each identifiable person to include any name or likeness of such person in the User Content.
The Company does not claim ownership of User Content you submit or make available for inclusion on the Web Site and/or Service(s). However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), you grant the Company (and other users of the Web Site and/or Service(s)) the following world-wide, perpetual, irrevocable, sub-licensable, assignable, royalty-free and non-exclusive license(s), as applicable: (a) with respect to User Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Web Site and/or Service(s) solely for the purposes of providing and promoting the publicly accessible areas to which such User Content was submitted or made available; and (b) with respect to User Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Web Site and/or Service(s) are those areas of the Company network of properties that are intended by the Company to be available to the general public. By way of example, publicly accessible areas of the Web Site and/or Service(s) would include message boards and portions of clubs and groups that are open to both members and visitors. However, publicly accessible areas of the Web Site and/or Service(s) would not include portions of any clubs and groups that are limited to members.
Regarding Personal Data. You can find out more about how the Company uses the Personal Information we collect from you when you access and use the Website and Service(s) provided by NimiTV Inc. in our Privacy Policy here.
If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any User Content infringes upon such proprietary rights, you may submit a notice to the Company pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (i) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (ii) identification of the work or multiple works alleged to have been infringed; (iii) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit the Company to locate the material; (iv) contact information for the Company to contact you, including an address, telephone number and/or e-mail address; (v) your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (vi) your statement that the information in the notice to the Company is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
For All inquiries regarding this Site, including DMCA notices, Copyright Infringement and Legal matters follow the link titled Contact Us at the bottom of this page and choose the pull down that most closely matches the nature of your inquiry and your inquiry will be routed to the appropriate department for resolution.
The Company may at any time make modifications, changes and alterations to the data of our Web Site and/or Service(s). Such modifications may include messages boards, email Service(s), chat rooms, and other such Service(s). You agree to not use the Web Site and/or Service(s) to:
a. submit material that is protected by copyright, patent or any other proprietary rights unless you are the owner of such material or have a license or permission from the owner of any such proprietary rights to provide the material;
b. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site and/or Service(s);
f. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
i. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web site and/or Service(s) are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. interfere with or disrupt the Web Site and/or Service(s) or servers or networks connected to the Web Site and/or Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site and/or Service(s);
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that the Company does not pre-screen User Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any User Content that is available via the Web Site and/or Service(s). Without limiting the foregoing, the Company and its designees shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by the Company or submitted to the Company, including without limitation information in message boards, clubs, and in all other parts of the Web Site and/or Service(s).
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
You understand that the technical processing and transmission of the Web Site and/or Service(s), including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE AND/OR THE SERVICE(S) IS AT YOUR SOLE RISK. THE COMPANY AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND/OR SERVICE(S) AND YOUR USE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEB SITE AND/OR THE SERVICE(S) OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEB SITE AND/OR SERVICE(S), (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEB SITE AND/OR THE SERVICE(S), AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR THE SERVICE(S). THE COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEB SITE, SERVICE(S), ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY'S USE OF THE WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEBSITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEBSITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND THE COMPANY'S AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.
It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. By accessing the Web Site and/or Service(s), you affirm that you are more than 18 years old, are an emancipated minor, or have the consent of your parents or legal guardian and, therefore, are fully capable and competent to abide by and enter into the agreements and obligations set forth in these Terms of Services. Otherwise, you further affirm that you are at least 13 years old as the Web Site and/or Service(s) are not intended for children under 13 years old. If you do not comply with this age restriction, please do not use the Web Site and/or Service(s).
The Company reserves the right to terminate the Web Site and/or Service(s) in their entirety at any time and for any reason.
The Service offered by NimiTV is a web portal based service for the viewing of third party content via NimiTV digital box or other supported devices (smart TV’s, tablets, smart phones, ect.). Access to NimiTV’s service requires a subscription to its services. NimiTV is legally and contractually independent of the relationship between the Subscriber and their ISP. NimiTV will not be liable in any circumstances for any conditions imposed by such Internet Service Provider (including the terms, prices and any other conditions of the Internet Services provided). NimiTV’s service is available in supported countries, only to adults for their own needs and only for the subscribers' private, non-commercial purposes. For territories where the Service is not available, it will not be possible to use the service.
NimiTV offers a specific plan to its subscribers in Europe. Be advised that the channels, content and services offered through NimiTV’s plan may change over time and that the price of the service varies from territory to territory. The exact content of the plan and cost will be presented at the time of purchase. Similarly, the availability of certain content and services offered in each territory may depend on the territory from which the Subscriber is accessing the service. NimiTV has the discretion to offer Subscribers additional content, services or Subscription Plans from time to time under the terms of sale specified on the Site, provided that the availability of certain additional content, services or plans may be limited to Subscribers using the Service in a particular territory.
Customers of NimiTV can subscribe through its website, its point of sale locations or over the phone. In order to subscribe and activate NimiTV’s services, the subscriber must accept these Terms of Use through the NimiTV website or through the execution of a physical contact or a contract found on the NimiTV website. The Subscriber is also required to provide the following information before the service will be activated: country of residence, valid email address, name and surname, valid telephone number, address for delivery of equipment (if it is ordered), valid data for online payment. By clicking on the Pay in online purchase option, the Subscriber agrees that all data is correct and authorizes NimiTV to charge for the service immediately. In the case of credit card payments through the Site, the Subscriber must provide valid payment information to NimiTV certified online third party payment service provider through which may require additional verification information. NimiTV does not retain credit card data, but forwards it securely to its certified online payment service provider.
Regarding Personal Data. The Company strives to ensure the privacy and accuracy of your confidential information. In order for you to purchase products and Service(s) that we offer via the Web Site, we require you to provide us with information that personally identifies you ("Personal Information"). You can find out more about how the Company uses the Personal Information we collect from you when you access and use the Website and Service(s) provided by NimiTV Inc. in our Privacy Policy here.
At the time of subscription, the Subscriber is presented with the costs, content and duration of the package subscribed to. Depending on the option selected by the subscriber, the Subscriber pays an upfront one-time fee for the duration of the package or a monthly recurring payment. For subscribers who have chosen a recurring monthly payment, the service renewal is done automatically by charging the agreed monthly price for the following month, meaning the subscribers credit card will be charged at the beginning of the month for access to the service for the remainder of the month. The subscriber may withdraw at any time from the recurring monthly payment plan by canceling the service for the following month. When the original duration of the subscription ends, the Subscriber must appear at one of the points of sale for NimiTV or visit NimiTV’s website to choose to resubscribe to the service.
After validation of the Subscriber’s initial payment NimiTV, the NimiTV will enable access to the service in accordance with the selected Subscription Plan via the desired device or application.
Access to the service is done by activating the device through NimiTV.com or activating the NimiTV application which will require a username and password that the subscriber will create. The application is available on a number of smartphones, tablets, desk and laptop computers as well as smart TVs.
In accordance with these Terms of Use and subscription plan, the Subscriber also has the option of acquiring a digital receiver for use in access to the service at an additional cost. The digital receiver is offered on NimiTV’s website and at its point-of-sale locations. The digital receiver will work to access the service as long as the subscription fees are paid and current.
The Subscriber may return the digital receiver within 14 days for a full refund. After 14 days, NimiTV will not issue any refund or accept any return of the receiver.
If the purchase of a digital receiver is canceled within 7 days, the Subscriber is responsible for returning the receiver, without undue delay, using one of the approved delivery methods (in person or by shipment to the address from which the receiver was delivered to you). The subscriber is responsible for making sure that the goods are transported safely. NimiTV reserves the right to reduce the refund based on any damage to the receiver resulting from negligent handling by the Subscriber or the shipper.
Refund Policy: In the event of a refund, please note that any bank fees or transaction fees incurred during the original payment process will not be refunded. The refunded amount will exclude these charges, as they are non-refundable costs imposed by the payment processing institution.
