Welcome to ibakatv.com (the “Site”), owned and operated by iBAKA Entertainment Inc. (IEI” “we”). We are a company registered in the U.S.A (with Company Number 4405534-2) and in Nigeria (with Company Number 1016458), having our corporate office situate at 5701 Shingle Creek Parkway, suit 420A Brooklyn Center, MN 55430, Minnesota U.S.A and our operational office situate at No. 688c, Jacob Nwakolo Close, Off Odujinrin Avenue, Omole Phase 2, Lagos State, Nigeria.
We are a subscription service that provides our members (“you” “yourself” “Users”) with access to content including but not limited to access to motion pictures, television and other audio-visual entertainment (“content”) delivered over the Internet, to Internet enabled devices.
4.1. iBAKATV Service In order to access our service, you will have to create an account with iBAKATV either by formally registering with iBAKATV or a third party such as Facebook Nigeria ("Facebook"). You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the iBAKATV service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
Our service may allow you to: Access content on a temporary download basis for a limited period of time. Access content on a subscription basis for streaming over a limited period of time during the subscription period. A combination of temporary downloads and streaming. This may depend on your geographic location. Subject to your compliance with these Terms and your payment of any applicable fees, IEI or its content providers grant you a limited, revocable, non-exclusive, non- transferable, non-sub licensable license to access and make personal and non-commercial use of iBAKATV service (each a “License”):
To stream Site content. If the Site includes a “Download” link next to the content, the License to download a single copy of such content to a device or other permitted device only on a temporary download basis for a limited period of time. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may view content through the iBAKA service only in geographic locations where we have licensed such content. The content that may be available to watch will vary by geographic location. IEI will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. The quality of the display of the content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, your device, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. iBAKATV makes no representations or warranties about the quality of your watching experience on your device. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show or other audiovisual entertainment you have selected and the configuration of your viewing device. We continually update the iBAKATV service, including the content library, delivery methods and pricing. And we may add or remove content from our Service, or change the basis on which the content is available on the service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
4.2. Restrictions You agree to use the iBAKATV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree that: You are prohibited from reproducing, modifying, copying, uploading, exporting, transferring, selling, forwarding or transmitting the Contents on the Site other than in accordance with the license granted and further not to reproduce any information of the Site on any other website. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other download, stream, (except as explicitly authorized in these Terms) copy, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content unless expressly permitted by IEI in writing. You may not incorporate the content into, or stream or retransmit the content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by IEI in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the content unless authorized by IEI. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the iBAKATV service; use any robot, spider, scraper or other automated means to access the iBAKATV service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the iBAKATV service; insert any code or product or manipulate the content of the iBAKATV service in any way; or, use any data mining, data gathering or extraction method. You shall not 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 iBAKATV service, including any software viruses or any other computer code, files or programs. You may not build a business utilizing the content, whether or not for profit. The content covered by these restrictions includes without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by IEI in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. You may not arrange for any other website to be connected to the Site by way of hyperlink or otherwise without the prior written consent of IEI. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables You to view the content without: Displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, watermarks and trademarks) of the webpage where the Video Player is located. Having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
5. Subscription, Billing, Renewal and Cancellation 5.1. Subscription Reoccurring Subscription: Your iBAKATV subscription, will commence from month-to-month, or according to your chosen subscription plan “Subscription Period” as currently available on the Site (subject to a few exceptions, such as Payments by direct bank and cash payments), unless and until you cancel your subscription or we terminate or discontinue it. You must cancel your subscription before it renews each Subscription Period in order to avoid billing of the next subscription to your credit card or other payment method (“Payment Method”). Differing Subscription Plans: We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations. You can find specific details regarding your subscription plan with IEI by visiting the Site and clicking on “Your Profile” page on the Site. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. 5.2. Billing By signing up for your iBAKATV subscription, you are expressly agreeing that we are authorized to charge you a subscription fee at the then current rate, every one (1) month, three (3) months, six (6) months, or twelve (12) months (“Subscription Period”) depending on your subscription plan, in addition to any other fees or charges you may incur in connection with your use of the iBAKATV service, including any applicable taxes to the Payment Method accepted by IEI. You acknowledge that the amount billed during each Subscription Period may vary for reasons that include promotional offers, changes in your Subscription plan, or changes in any applicable taxes and you authorize IEI to charge your Payment Method for the corresponding amounts. 5.3. Reoccurring billing We automatically bill your Payment Method on the calendar day corresponding to the commencement of your Subscription Period and each Subscription Period thereafter (subject to a few exceptions, such as Payments by direct bank and cash payments) unless and until you cancel your subscription. By way of example, if you became a paying subscriber on July 1, for a one-month subscription plan, your Payment Method would next be billed on August 1. Also, if you became a paying subscriber on June 1, for a 6-month subscription plan, your Payment Method would next be billed on January 1. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing. In the event your Subscription Period begins on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or Subscription Period or such other day, as we deem appropriate. As used in these Terms, "Billing" shall indicate either a charge or debit, as applicable, against your Payment Method.
5.4. Billing Cycle The subscription fee will be billed at the beginning of your Subscription Period, and on each Subscription Period renewed thereafter unless and until you cancel your subscription or the account or service is otherwise suspended, terminated or discontinued pursuant to these Terms. To see the commencement date for your next billing cycle or renewal period, go to the Status section on “Your Profile” page on the Site. Alternatively, you may refer to your email invoice confirming your subscription from firstname.lastname@example.org. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed.
5.5. Automatic Renewal If your Payment Method expires and you do not edit your Payment Method information or cancel your account, your service will automatically renew without prior notice to you, using the details of your previous payment. You must cancel your service before it renews in order to avoid us billing your account. However, where there are insufficient funds in your account, your account access would be terminated following several attempts to renew your subscription and communicate the issue to you.
5.6. Payment Methods Payments can be made via credit card, or via any other payment method accepted by iBAKATV ("Payment Method") or the payment method you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on "Your Profile" at the top right of your window and selecting “Update card details”. Alternatively, you can send an email to email@example.com requesting a secure, personalized link to update your payment information. If you subscribe with PayPal, updates can be made via the PayPal website. 5.7. No Refunds All fees and charges are non-refundable including refunds for partial months and content not watched. Very rarely, if there are special circumstances where iBAKATV determines it is appropriate (i.e., where the iBAKATV service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at iBAKATV's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances. However, where on very rare occasions subscribers experience multiple debits due to technical malfunctions or errors; IEI shall refund such credits within 72 hours from complaint date.
5.8. Card Protection Ensuring the protection of your card and access password is your (users) responsibility. If your credit card or instrument of payment is lost, stolen, or your password becomes compromised one way or the other, you are to immediately alert your bank/payment platform to prevent unauthorized usage of your card or instrument of payment. IEI will therefore not be liable for any such unauthorized use of your subscription and will not be liable to refund any such subscription payment.
5.9. Cancelling your subscription You can view details on how to cancel your account via your iBAKATV Profile page. Alternatively, you can send an email to firstname.lastname@example.org requesting that we cancel your account. You must cancel your subscription 72 hours before it renews each Subscription Period in order to avoid the next Subscription Period’s billing. You can cancel your iBAKATV subscription at anytime. However note that WE DO NOT OFFER REFUNDS FOR PARTIAL MONTHS. If you cancel your subscription prior to the allotted expiration, you will continue to have access to iBAKATV for the remainder of your Subscription Period. To cancel, please click on "Your Profile" at the top right of your Profile window on the Site, and select Cancel Subscription option. Alternatively, if that option is not available on your account, you can send an email to email@example.com with "cancellation" written in the subject line and your username (at the top right of the Profile window) and your email address in the body of the email. If you have subscribed with PayPal, and wish to cancel your subscription, you will need to do so through PayPal.com. Also, you may request information on how to cancel via PayPal, by sending an email to firstname.lastname@example.org or using the chat window to the bottom right of the “Your Profile” window.
5.10. Price changes We reserve the right to adjust pricing for our service or any components thereof, including pricing for subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion.
6. Password and Account Access You must provide accurate and complete information when creating an account during Registration. You may check, following subscription help instructions to determine whether your information is correct and accurate, and if not, to correct or update your registration data. You are responsible for all uses of your password. You agree not to assign, transfer; sublicense your rights as a user to the Site. If IEI determines, or has reasonable grounds to believe in its sole discretion that information you provided is inaccurate, incomplete, misleading or designed to deceive, IEI reserves the right to immediately suspend or terminate your account, with or without notice to you, and without refund of any sums you have paid as a subscriber, and refuse to grant any and all current or future access to use of the Services, and any benefit to which you may be entitled through your access and use of the Site. You agree to promptly update your information, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known breach of security including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your information and for any losses IEI suffers due to the unauthorized use of your account.
7. User Material The iBAKATV service may enable you to submit comment, information or reviews to the iBAKATV service, (“User Material”), and such User Material will generally be available to all Users of the iBAKATV service. User Materials do not include account information you provide when you register as a Member or when you subsequently change that information. IEI does not endorse any User Material, and any User Materials on the iBAKATV service do not reflect the opinions or policies of IEI. We do not necessarily review User Material submitted by Users or You. We are not responsible for the content of User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. We reserve the right (but not the obligation) in our sole discretion, to refuse to post or to remove or edit any of your User Material, or the right in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the iBAKATV service, where User Material breaches the provisions of this section on User Material without notice to you. When you provide IEI with, or submit User Material, including any other material contained in any communication you may send to us, including responses to questionnaires, to the Site or as part of your use or access of the iBAKATV service, you grant IEI, its subsidiaries and affiliates, an irrevocable, perpetual, non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, distribute, store, prepare derivative works of, display and publicly perform that User Material in any media now known or hereinafter created. You further grant IEI the right to grant permissions to users of the Site to view such information for personal and non-commercial use. You agree that you shall immediately notify IEI of any objectionable posts or other content appearing on the Site. You acknowledge and agree that IEI is free to use any User Material and that you have no expectation of compensation or confidentiality of any nature with respect to any User Material. Each time you submit User Material to us, you represent and warrant to us as follows: You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract or cause injury to any person or entity; The content is accurate. Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise objectionable, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate. In submitting your User Material you are not impersonating any other person. You agree to pay for all royalties, fees and other payments owed to any person by reason of your posting User Material. You will indemnify IEI for all claims resulting from the User Material you submit. You may encounter third party applications that interact with the iBAKATV service or features that allow you to use third party applications or services, including Facebook and Twitter. These applications or services may import date related to your iBAKATV account and activity and otherwise gather data from you. You acknowledge and agree that IEI is not responsible for User Material you share with or through third party applications or services.
SUCH APPLICATIONS AND SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY IEI. USE OF A THIRD PARTY APPLICATION OR SERVICE IS AT YOUR OWN OPTION AND RISK.
8. Intellectual Property "Intellectual Property" in this context means copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
8.1. Copyright The iBAKATV service, including all content provided on the iBAKATV Service is the property of IEI or its licensors and is protected by Nigerian and international copyright, trade secret or other intellectual property laws and treaties.
8.2. Trademark iBAKATV is a registered trademark of IEI. iBAKATV’s trademark and trade dress may not be used in connection with any product or service that is not IEI’s, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits IEI. All other trademarks not owned by IEI that appear in any iBAKATV service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iBAKATV.
8.3. Patents You may not extract and/or re-utilise parts of the content of any iBAKATV service without our express written consent. In particular, you may not utilize any date mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any iBAKATV service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any iBAKATV service without our express written consent.
8.4. Copyright Infringement iBAKATV respects the intellectual property of others. If you believe your work has been used in a way that gives rise to concerns of infringement, please notify us using the procedure below for making infringement claims.
8.5. Notice and Procedure for Claims of Copyright Infringement If you are a Copyright Owner or an Agent asserting that any of the content on the Site infringes upon your copyrights, you may submit a notification by making available the following information to us or our Copyright Agent in writing in accordance with the procedure set forth below. We will process and take appropriate action in accordance with applicable intellectual property laws.
Your notification must contain the following:
11. Disclaimers of Warranties THE iBAKATV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATIED WITH THE iBAKATV SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IEI, ITS SUBSIDARIES AND AFFILATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGNMENT. IEI, ITS SUBSIDARIES AND AFFILIATES DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE iBAKATV SERVICE, FEATURES, INFROMATION, CONTENT, MATERIALS, THE SITE, SOFTWARE OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE iBAKATV SERVICE, OR ELECTRONIC COMMUNICATION SENT FROM IEI ARE UNINTERUPTED OR ERROR FREE; ARE FREE FROM OF ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE SHALL BE AT YOUR SOLE RISK. IEI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE iBAKATV SERVICE, OR THE CONTENT.
12. Limitation and Exclusion of Liability TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL IEI, OR ITS SUBSIDARIES OR AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF THE iBAKATV SERVICE, THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS INCLUDED OR MADE AVAILABLE TO YOU THOUGH ANY iBAKATV SERVICE. The Service is controlled and offered by IEI from its facilities. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
13. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IN LIMITATION AND EXCLUSION OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT IEI MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF IEI’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAWS.
14. Indemnity You agree to indemnify, defend and hold harmless IEI, its subsidiaries, affiliates, successor, and each of its officers, directors, employees, advertising and promotion agencies, representatives or agents, including IEI’s distributors and licensors, (collectively the "Indemnified Parties") from and against any and all losses, liabilities, claims, obligations, damages, expenses or costs (including but not limited to attorney's fees) incurred by or made against any Indemnified Party arising from:
16. Customer Support If you have any questions concerning the use of the Site or these Terms, please contact iBAKATV customer service by sending an email request to email@example.com.