Nicademia Terms of Use

Nicademia provides a personalized subscription service that allows our members to access African Animated videos streamed over the Internet to certain Internet-connected TVs, computers and other devices

These Terms of Use govern your use of our service. As used in these Terms of Use, "Nicademia service", "our service" or "the service" means the personalized service provided by Nicademia for discovering and watching Nicademia content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

   

Membership

       1.1. To use the Nicademia service you must have Internet access and a Nicademia ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.

       1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

   Free Trials

       2.1. Your Nicademia membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.

       2.2. Free trial eligibility is determined by Nicademia at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Nicademia membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Nicademia membership to determine eligibility. For combinations with other offers, restrictions may apply.

   Billing and Cancellation

       3.1. Payment Methods. To use the Nicademia service you must provide one or more Payment Methods.  We may also update your Payment Methods using information provided by the payment service providers. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

       3.2. Cancellation. You can cancel your Nicademia membership at any time, and you will continue to have access to the Nicademia service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Nicademia content.

       3.3. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.

   Nicademia Service

       4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Nicademia service. Minors may only use the service under the supervision of an adult.

       4.2. The Nicademia service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Nicademia membership we grant you a limited, non-exclusive, non-transferable right to access the Nicademia service and view Nicademia content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

       4.3. You may view the Nicademia content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content.

       4.4. The Nicademia service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Nicademia content.

       4.5. You agree to use the Nicademia service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Nicademia service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Nicademia service; use any robot, spider, scraper or other automated means to access the Nicademia service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Nicademia service; insert any code or product or manipulate the content of the Nicademia service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Nicademia service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

       4.6. The quality of the display of the Nicademia content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Nicademia content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Nicademia ready device.

       4.7. Nicademia software is developed by, or for, Nicademia and is designed to enable viewing of Nicademia content through Nicademia ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Nicademia and related third-party software.

   Passwords and Account Access. The member who created the Nicademia account and whose Payment Method is charged (the "Account Owner") has access and control over the Nicademia account and the Nicademia ready devices that are used to access our service and is responsible for any activity that occurs through the Nicademia account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Nicademia ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Nicademia or our partners from identity theft or other fraudulent activity.

   Warranties and Limitations on Liability. The Nicademia service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

   Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND NICADEMIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Nicademia agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

   Miscellaneous

       8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Nigeria.

       8.2. Unsolicited Materials. Nicademia does not accept unsolicited materials or ideas for Nicademia content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Nicademia.

       8.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please send a mail to

info@nicademia.com

       8.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

       8.5. Changes to Terms of Use and Assignment. Nicademia may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

       8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last updated: 26 May 2018