Terms of Use

Welcome to AfroLandTV.com (the “Site” or “Application”). We are a company registered in the state of Delaware. Our address for correspondence is 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702, United States of America. We are a subscription service that provides you (the “Users”) with access to motion pictures, television and other audio-visual entertainment (the “Content”) delivered over the Internet.

These Terms of Use, including our Privacy Policy (collectively the “Terms”), govern your use of our service. As used in these Terms, “AfroLandTV Service” or the “Service” means the subscription service provided by AfroLandTV for discovering and watching the Content, including all features and functionality, the Site, user interfaces, and software associated with our Service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH AFROLANDTV (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Acceptance of Terms of Use

By accessing, visiting, using or browsing the AfroLandTV Service via this Site or any other device or application or other technology, you accept and agree to be bound by the Terms, which may be posted and modified from time to time. All such guidelines are hereby incorporated by reference into the Terms.

ANY ACCESS, USE OR PARTICIPATION IN THE AFROLANDTV SERVICE WILL CONSTITUTE ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE AFROLANDTV SERVICE OR OUR SITE OR APPLICATION.

Changes to Terms of Use

AfroLandTV may in its sole discretion change these Terms at any time without notice. We will display the changes on this page of the Site or Application and such changes shall be effective immediately. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable AfroLandTV Service.

Privacy

Please read our Privacy Policy here https://www.afrolandtv.com/privacy-policy/, which also governs your use of the Site and Application and our Service, to understand our practices.

Communications

By using the AfroLandTV Service, you consent to receive electronic communication from AfroLandTV relating to your account. We will communicate with you by e-mail or by posting notices on the Site or Application or through other methods. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing. You also consent to receive certain other communication from us, such as newsletters, special offers, questionnaires, customer surveys or other announcements via email or other methods. You may opt out of receiving non-transactional communications, including marketing communications from us by following the directions in our e-mail to “unsubscribe” from our mailing list, or by sending an e-mail request to support@afrolandtv.com. Please be aware that if you choose not to receive such communication, certain offers attached to services you have chosen may be affected. We will still communicate with you in connection with transactional communications, including but not limited to servicing your account, invoices and customer services. Please review our Privacy Policy here https://www.afrolandtv.com/privacy-policy/ for other choices with regards to opting out of cookies and interest-based advertising from third-party advertising agencies.

AfroLandTV Service

In order to access our Service, you will have to create an account with AfroLandTV. You must be 18 years of age, or the age of majority in your state, province, territory or country, to become a member of the AfroLandTV Service. Individuals under the age of eighteen, or the 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 subscription basis for streaming during the subscription period. Subject to your compliance with these Terms and your payment of any applicable fees, AfroLandTV or its content providers grant you a limited, revocable, non-exclusive, non- transferable, non-sublicensable license to access and make personal and non-commercial use of AfroLandTV Service (each a “License”):

To Stream Site Content;

You may view Content through the AfroLandTV Service only in geographic locations where we have licensed such Content. The Content that may be available to watch will vary by geographic location. AfroLandTV 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 and/or the 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. AfroLandTV 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 AfroLandTV 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.

AfroLandTV software may solely be used for authorized streaming and viewing of Content from AfroLandTV. By using our Service, you agree to receive, without further notice or prompting, updated versions of AfroLandTV and related third-party software. If you do not accept the foregoing terms, do not use our Service.

Restrictions

You agree to use the AfroLandTV 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 the 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 Content on the Site or in the Application other than in accordance with the License granted and further not to reproduce any information of the Site or in the Application 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 AfroLandTV 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 AfroLandTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by AfroLandTV.

You may not circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the AfroLandTV Service; use any robot, spider, scraper or other automated means to access the AfroLandTV Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the AfroLandTV Service; insert any code or product or manipulate the Content of the AfroLandTV 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 AfroLandTV 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 AfroLandTV 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 or Application by way of hyperlink or otherwise without the prior written consent of AfroLandTV.

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; and 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.

Subscription, VOD, Free Trial, and Cancellation

Payment Methods:

Payments can be made via credit card or via any other payment method accepted by AfroLandTV (the “Payment Method”).

Subscription:

AfroLandTV offers a monthly subscription plan for $3.99 per month and an annual subscription plan for $39.99 per year.

Your AfroLandTV subscription will automatically renew month-to-month and will continue until cancellation. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method. To use the AfroLandTV Service, you must have Internet access and a device to stream our Site or Application as well as one or more Payment Methods.

Billing:

The subscription fee for the AfroLandTV Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription until your subscription is canceled.

Free Trial:

Your subscription may start with a free trial period that lasts for one week and is intended to allow new members to try the Service.

Free trial eligibility is determined by AfroLandTV 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. We may use information such as a device ID, method of payment, or an account email address used with an existing or recent account to determine eligibility. For combinations with other offers, restrictions may apply.

We will charge your Payment Method for your monthly subscription fee at the end of the free trial period and your subscription will automatically renew monthly unless you cancel your subscription prior to the end of the free trial period.

Canceling your subscription:

You may cancel your subscription in your personal profile account in AfroLandTV or by sending an email to support@afrolandtv.com requesting that we cancel your account.

AfroLandTV subscriptions may be canceled at any time and you will continue to have access to the AfroLandTV Service through the end of your current billing period. If you cancel your subscription, your account will automatically close at the end of your current billing period, whether that applies to a month-to-month subscription or a yearly subscription.

No Refunds:

Payments are nonrefundable and there are no refunds or credits for partially used periods for month-to-month or yearly subscriptions.

AfroLandTV may, in its sole and absolute discretion, provide credits to Users affected by chronic technical difficulties. The amount and form of such credits are in the sole and absolute discretion of AfroLandTV. The provision of credits in one instance does not entitle a User to credits in the future.

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.

Password and Account Access

You must provide accurate and complete information when creating an account during registration for the AfroLandTV Service.

You are responsible for all uses of your password. You agree not to assign, transfer, or sublicense your rights as a User to the Site or Application.

If AfroLandTV determines or has reasonable grounds to believe in its sole discretion that information you provided is inaccurate, incomplete, misleading or designed to deceive, AfroLandTV 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 User, and may refuse to grant any and all current or future access to or use of the Services.

You agree to promptly update your information 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 AfroLandTV suffers due to the unauthorized use of your account.

User Material

The AfroLandTV Service may enable you to submit comment, information or reviews to the AfroLandTV Service, (“User Material”), and such User Material will generally be available to all Users of the AfroLandTV Service. User Materials do not include account information you provide when you register as a User or when you subsequently change that information. AfroLandTV does not endorse any User Material, and any User Material on the AfroLandTV Service does not reflect the opinions or policies of AfroLandTV.

We do not necessarily review User Material submitted by Users. 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 AfroLandTV Service, where User Material breaches the provisions of this Section on User Materials without notice to you.

When you provide AfroLandTV 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 Application, or as part of your use or access of the AfroLandTV Service, you grant AfroLandTV and 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 AfroLandTV 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 AfroLandTV of any objectionable posts or other content appearing on the Site. You acknowledge and agree that AfroLandTV 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:

  1. 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 trademark), privacy or publicity rights, rights of confidentiality or rights under contract or cause injury to any person or entity;
  2. The content is accurate;
  3. 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;
  4. in submitting your User Material you are not impersonating any other person; and
  5. you agree to pay for all royalties, fees and other payments owed to any person by reason of your posting User Material and you will indemnify AfroLandTV for all claims resulting from the User Material you submit.

You may encounter third-party applications that interact with the AfroLandTV Service or features that allow you to use third-party applications or services, including Facebook and Twitter. These applications or services may import data related to your AfroLandTV account and activity and otherwise gather data from you. You acknowledge and agree that AfroLandTV 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 AFROLANDTV. USE OF A THIRD-PARTY APPLICATION OR SERVICE IS AT YOUR OWN OPTION AND RISK.

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.

Copyright:

The AfroLandTV Service, including all Content provided on the AfroLandTV Service, is the property of AfroLandTV or its licensors and is protected by the United States and international copyright, trade secret or other intellectual property laws and treaties.

Trademark:

AfroLandTV is or will be a registered trademark. AfroLandTV’s trademark and trade dress may not be used in connection with any product or service that is not AfroLandTV’s, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits AfroLandTV. All other trademarks not owned by AfroLandTV that appear in any AfroLandTV Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AfroLandTV.

Patents:

You may not extract and/or re-utilize parts of the Content of any AfroLandTV Service without our express written consent. In particular, you may not utilize any data 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 AfroLandTV Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any AfroLandTV Service without our express written consent.

Copyright Infringement:

AfroLandTV 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.

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A copy of your notification should be emailed to AfroLandTV’s copyright agent at support@afrolandtv.com.

Third Party Content/Links to Other Websites

The Site or Application may contain links to other websites or services that are not owned or controlled by AfroLandTV. You acknowledge that any access is at your sole discretion and risk. We do not review or endorse any of those websites or services. We are not responsible in any way for: Any errors or omissions in relation to other websites, services or contents on the websites; the privacy practices; the availability; the content, advertising, products, goods or other materials, services or resources on or available from; or the use to which others make of; these websites or services.

AFROLANDTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY WEBSITE, PRODUCT OR SERVICES ADVERTISED ON, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE AFROLANDTV SERVICE, OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AFROLANDTV WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR OFFENCE CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE USE OR RELIANCE ON SUCH WEBSITES OR SERVICES.

Unsolicited Materials

AfroLandTV does not accept unsolicited materials or ideas for AfroLandTV content and is not responsible for the similarity of any of its Content or programming in any media to material or ideas transmitted to AfroLandTV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against AfroLandTV and its affiliates regarding use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

Termination, Modifications, Suspension

We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all the AfroLandTV Service (including the Content and the devices through which the AfroLandTV Service is accessed), with respect to any or all Users, at any time without notice. You acknowledge that we may do so in AfroLandTV’s sole discretion. You also agree that AfroLandTV will not be liable to you for any modification, suspension, or discontinuance of the AfroLandTV Service, although if AfroLandTV suspends or discontinues the AfroLandTV Service, AfroLandTV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if AfroLandTV terminates your account or suspends or discontinues your access to AfroLandTV Service due to your violation of these Terms, or any applicable law, rule or regulation, or engagement in other inappropriate conduct, then you will not be eligible for any such credit, refund, discount or other consideration.

In addition, AfroLandTV also reserves the right to terminate or cancel your access to the Site or Application in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms, or any applicable law, rule or regulation, or your engagement in other inappropriate conduct.

If AfroLandTV terminates or cancels your access to the Site based on the reasons in these Terms, AfroLandTV reserves the right to refuse to provide you with use, or access to its Site in the future. You acknowledge that AfroLandTV shall not be liable to you or any third party for termination of your access to this Site.

Disclaimers of Warranties

THE AFROLANDTV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE AFROLANDTV 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, AFROLANDTV, ITS SUBSIDIARIES AND AFFILIATES 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-INFRINGEMENT.

AFROLANDTV, ITS SUBSIDIARIES AND AFFILIATES DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE AFROLANDTV SERVICE, FEATURES, INFORMATION, CONTENT, MATERIALS, THE SITE, SOFTWARE OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFROLANDTV SERVICE, OR ELECTRONIC COMMUNICATION SENT FROM AFROLANDTV ARE UNINTERRUPTED 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. AFROLANDTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE AFROLANDTV SERVICE, OR THE CONTENT.

Limitation and Exclusion of Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL AFROLANDTV, OR ITS SUBSIDIARIES 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 AFROLANDTV SERVICE, THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS INCLUDED OR MADE AVAILABLE TO YOU THROUGH ANY AFROLANDTV SERVICE.

The Service is controlled and offered by AfroLandTV 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.

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 MAY NOT APPLY TO YOU. TO THE EXTENT AFROLANDTV 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 AFROLANDTV’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAWS.

Indemnity

You agree to indemnify, defend and hold harmless AfroLandTV, its subsidiaries, affiliates, successors, and each of its officers, directors, employees, advertising and promotion agencies, representatives or agents, including AfroLandTV’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: use of and access to the Service; violation of any of the Terms, policies or guidelines referred to herein; violation of any third-party right, including without limitation any copyright, property or privacy right; or any claim that our Content caused damage to a third party. This defense and indemnification obligation will survive the Terms and use of the Services.

Arbitration Agreement

You and AfroLandTV agree that any dispute, claim, or controversy arising out of or relating in any way to the AfroLandTV Service, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AfroLandTV are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your AfroLandTV subscription.

If you elect to seek arbitration or file a small claim court action, you must first send to AfroLandTV, by certified mail, a written notice of your claim (the “Notice”). The Notice to AfroLandTV must be addressed to AfroLandTV, Inc., 2035 Sunset Lake Rd, Suite B-2, Newark, Delaware 19702 (the “Notice Address”). If AfroLandTV initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by AfroLandTV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If AfroLandTV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AfroLandTV may commence an arbitration proceeding or file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”). The arbitrator will be bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless AfroLandTV and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that a party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

YOU AND AFROLANDTV 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, unless both you and AfroLandTV agree otherwise, the arbitrator 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.

Governing Law

These Terms are governed by, and construed in accordance with, the laws of the State of Texas in the United States of America without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined herein is not applicable (e.g., when confirming an arbitration award), You and AfroLandTV agree to submit to the exclusive jurisdiction of the courts located in Dallas County of the State of Texas.

Customer Support

If you have any questions concerning the use of the AfroLandTV Service or these Terms, please contact AfroLandTV customer service by sending an email request to support@afrolandtv.com.