Legal Stuff
Client Terms of Service
The SahelTV service, currently in alpha testing is governed by the terms set out in the Terms of Service. We encourage you to examine it. By using the SahelTV web site (together, the "service") you are unconditionally agreeing to these terms of service and the privacy policy for the SahelTV online service (which, together shall be referred to as the "agreement"). If you do not agree to the terms of this agreement, please do not use the service.
The SahelTV web site, located at http://sahel.tv or http://saheltv.com ("Site"), is owned, operated and/or managed by SahelTV Inc. ("SahelTV").
SahelTV reserves the right, at its sole discretion, to change, modify, discontinue, enhance, add or remove any portion of the Service, or any provision of the Agreement, in whole or in part, at any time. Changes to the Agreement will be effective when posted. Without obligation to do so, SahelTV may also notify you of such changes through messaging on the Service.You nevertheless agree to periodically review the copies of the Agreement posted on the Service so that you are aware of any changes. Your continued use of the Service in any way after any changes to the Agreement or the Service are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
1. OWNERSHIP AND COPYRIGHT
As between you and SahelTV, the Content, the Service, the Service Content, and Software (as such terms are defined herein) are owned by SahelTV and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. As used herein, "Content" means any and all motion pictures, live action or animated programs or episodic series, sports or music content offered as products streamed and/or downloaded from the Service. "Service Content" means any and all human readable audio and/or visual elements of this Service created or owned by SahelTV, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, movie trailers or episodic works, home movies and digital photography), designs, logos, information and other content made available through the Service by either SahelTV on its own, or by SahelTV in concert with third parties, whether part of the design of the Service or otherwise. For the avoidance of doubt, any and all underlying patentable or copyrightable elements (or protectable as trade secrets or otherwise under intellectual property laws) of the Service, the Player and the Site, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the underlying Site, the Player and the Service shall be considered the "Software."
Unless expressly permitted by SahelTV, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit in whole or in part any Content, the Software, the Service Content or Service Code. Any violation of copyright or other intellectual property laws may result in severe civil and criminal penalties.
2. GRANT OF RIGHTS; RESTRICTIONS ON USE
SahelTV hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Service, Service Content and the Content in accordance with the Agreement. SahelTV grants you this limited license for your personal use, and not for any commercial purpose. The use of the Content, the Service or the Software for commercial purposes is unauthorized and may constitute infringement. You may use the Software to view, preview, select, and stream Content and Service Content on the Client, or, as applicable, the Site, in accordance with the Agreement. This license does not include any rights to: (1) sell, resell, lend, lease, rent or otherwise commercially use this Service, its Content, Service Content, Software or any other material or information contained therein; (2) collect or use any product listings, descriptions or any prices for any reason; (3) create derivative works from the Content, Service Content, or any other materials or information contained therein; (4) download or copy account information of any third party for the benefit of another merchant; or (5) use data mining, robots, or other data gathering and extraction tools. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the SahelTV name, the Service name, the Content or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of SahelTV and/or our affiliates or subsidiaries or Content providers without SahelTV' express written consent. You may not use any meta-tags or any other "hidden text" utilizing the name of the Service, SahelTV' affiliates, subsidiaries or Content providers, or any tradenames or trademarks or other copyrighted materials relating thereto, without the express written consent of SahelTV.
Not withstanding the foregoing, you may hyperlink to the homepage of the Site (http://sahel.tv) on a non-exclusive basis, provided that your use conforms with the following: (1) you refer to the Service as the "SahelTV Service;" (2) the SahelTV Marks (as defined in Section 6, below) may not be modified or altered in any way; (3) you may not use the SahelTV Marks to imply endorsement of your product or service, or to disparage SahelTV, SahelTV's affiliates, or their respective products or services; (4) the Content, Content providers, or their respective products or services with any other web site, products or services that SahelTV may find, in its sole judgment, to diminish or damage the goodwill in the SahelTV Marks, including, without limitation, pornographic services or products. Further, the SahelTV Marks may not be exhibited in such a way as to make them more prominent than any other content, products or services on your site; and the Link, your site and/or the contents and subject matter of your site shall not infringe SahelTV's or any third party's intellectual property rights or violate any state, federal, or international law. The following notice shall be included on the first web page of your site on which the Link appears: "SahelTV is a servicemark or registered servicemark of SahelTV Inc. All rights reserved." SahelTV may terminate the rights granted in this paragraph at any time, in its sole discretion, without liability or obligation to the other of any kind. SahelTV has the right, but not the obligation, to inspect your Web site from time-to-time to ensure compliance with these requirements. In the event your rights are terminated, you will remove all references to SahelTV and the SahelTV Marks, including the Link, within twenty-four (24) hours of written request by SahelTV. Failure to do so shall constitute an unauthorized and potentially infringing use of such items.
3. RESTRICTIONS ON USE OF SOFTWARE
You may not: (1) modify, adapt, create derivative works from or translate any part of the Site, (2) reverse engineer, decompile or disassemble the Site, the Service or the Site or otherwise attempt to obtain their respective source code, (3) remove or alter any copyright, trademark or other proprietary notice contained in the Site or any other content or materials contained on the Site, or served through the Client to your personal computer or other personal media device, or (4) use the Site in any manner not set forth in this Agreement or in the Site's documentation. Further, you may not use the Site for any purpose that: (1) infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party, (2) is or may be libelous, defamatory or slanderous, or (3) any other use that is illegal in nature.
4. RESTRICTIONS ON USE OF THE SERVICE AND CONTENT You may not and you hereby agree that you will not: (1) use the Service for public exhibition of the Content; (2) sell, lease or rent the Content; (3) reverse engineer, decompile or disassemble any files containing the Content or otherwise attempt to "crack" the file or obtain its source code; (4) remove or alter any copyright, trademark or other proprietary notice contained in any computer file in which the Content is contained or the Content itself; or (5) use the Content in any manner not set forth in this Agreement. Further, as a condition of your use of this Service, you represent and warrant that you will not use the Service, or any of its component Content, Service Content, Service Code or Software for any purpose that is unlawful or prohibited by the Agreement. If you breach any of these covenants, your authorization to use the Service shall automatically terminate and civil and criminal penalties may apply.
Except for any Content saved to your hard drive, the Service will only function while your personal computer or other personal media device is connected to the web. You are solely responsible for paying for and otherwise providing that connection.
5. COPYRIGHT NOTICE
If you are under the good faith believe that any materials or information on the Service have been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SahelTV Inc.
207 Lexington Avenue
Brooklyn NY 11216
USA
By this filing, SahelTV does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available to it under the copyright law or otherwise. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Digital Millennium Copyright Act of 1998 (the "DMCA") permits you to send SahelTV a counter-notice pursuant to the statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a proper notification (or if we believe in our sole and absolute discretion) that any materials submitted or posted by you allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Service, at any time in our absolute discretion with or without notice. You can find more information about the DMCA on the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
6. TRADEMARK NOTICE SahelTV, and the SahelTV are servicemarks or registered servicemarks of SahelTV Inc. in the United States and other countries ("SahelTV Marks"). All rights reserved. All other trademarks or registered trademarks are the property of their respective owners. The SahelTV Marks may not be used without the express written permission of SahelTV.
7. EXPLICIT CONTENT – VIEWER DISCRETION ADVISED MOST CONTENT AVAILABLE ON THE SERVICE IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA (I.E., G, PG, PG-13, R); SEE WWW.MPAA.ORG FOR DETAILED INFORMATION. HOWEVER, SOME CONTENT MAY NOT BE RATED, AND MAY CONTAIN GRAPHIC VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. SUCH CONTENT MAY NOT BE SUITABLE FOR ALL VIEWERS.
The Service is intended for the use of Adults. By agreeing to use The Service, you pledge that you are at least 18 years old. If you access any adult or mature content on the Service, you acknowledge and agree that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity or are otherwise sexual or erotic in nature. You agree to the following, irrespective of whether or not the Service includes Parental Control functions, and irrespective of the extent to which you use such Parental Control functions: (1) it is user's responsibility to determine which Content meets your standards; and (2) under no circumstances will SahelTV or its Content providers be liable in any way for any Content that you have access to during use of the Service, including, without limitation, any errors or omissions in any Content, quality of the Content, availability of the Content, the subject matter of the Content or any loss or damage of any kind incurred as a result of your use of the Content; and (3) you acknowledge and agree that any adult-oriented material you access is being retrieved from a location where it does not violate any federal, state, or local obscenity law or community standard, and agree to bear the full, complete, and sole responsibility for bringing such material into whatever community you choose to do so.
8. MARKETING, PERSONAL DATA COLLECTION
From time to time, SahelTV may collect and use certain personally identifiable information and non-personally identifiable information about you for marketing purposes, including use in connection with the Messaging Center, Newsletters and other services. Likewise, SahelTV may collect personally identifiable information about you in order to complete purchase transactions. These uses are described more fully in the Privacy Policy. By using this Service, you represent and agree that you have read and understood the Privacy Policy and consent to the use of your personal information by SahelTV and its affiliates and third party representatives, if any, in accordance with the terms thereof and for the purposes set forth therein.
9. PRODUCT DESCRIPTIONS; EXPIRATION OF CONTENT
SahelTV, its affiliates and Content partners attempt to describe its products, including the Content as accurately as possible. However, SahelTV, its affiliates and Content partners do not warrant that the product descriptions pertaining to the Content or other Site Content is accurate, complete, reliable, current or error-free.
For each unit of Content, you will be provided with 1 24-hour viewing period, which period shall commence when you initiate the viewing of the Content. You can view the Content as many times as you like during that 24-hour period. This Content shall be available until the close of the Content's availability window.
10. BILLING REQUIREMENTS
In order to make open an account on the Service, be at least 18 years of age and possess a major credit card, such as Visa, Mastercard or American Express or Google Checkout or PayPal account. No other form or method of payment may be used. You agree that you will consult the terms and conditions that are imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit card. You agree that you, and not SahelTV, its affiliates or Content providers, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties.
11. Pay Per View purchases are effectuated when you click the "Buy Now" button on the Service. A Pay Per View purchase cannot be terminated once the transaction is underway. There are no refunds for Pay Per View transactions.
12. In the event your credit card is declined for any reason, your SahelTV account will become "Inactive" and you will no longer be allowed to use the Service. For the purposes of this Terms of Service, your account is "Active" when it is fully registered and otherwise in good standing in accordance with this provision and "Inactive" is when either or both of such requirements are not present. If you go online at any time after your account becomes Inactive, your downloaded Content will be deleted – even if you are coming online to update or modify your credit card information. However, if you remain offline, you will have fourteen (14) days to view your downloaded Content before it is deleted. Therefore, we recommend that you contact SahelTV Customer Service at (718) 554 0782 to update or modify your credit card information.
13. Features, specifications, services and/or prices offered from the Service may change at any time without notice and SahelTV does not provide price protection or refunds in the event of a price drop or a promotional offering. Purchases from the Service may include sales tax (where applicable) and such tax will be based on the bill-to address. In such cases, the sales tax rate in effect at the time the download occurs will apply. If the applicable sales tax rate changes before the download has been completed, the new tax rate, effective at the time of the completion of the download, will apply. You are not eligible for tax exemptions for purchases made from the Service. Other product and service limitations and disclaimers may apply. Special product or service offerings and promotions displayed on the Service are considered no longer valid once they are removed from the Service. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice. You may register only once for special offers or trial offers, and you agree not to register multiple times for the same special offer or trial offer using multiple names, email addresses or other devices designed to circumvent this limit.
14. REGISTRATION, ACCOUNT AND PASSWORD In order to use the benefits of the Service, you will be required to create an account. You may only open an account for yourself, and not for any other person. You may create one of the following accounts:
15. Registered User Account In order to purchase certain SahelTV services including bundles, erotica and live events, you will be required to register with the Service by establishing a "Registered User" account. To create a Registered User account, you will be required to create a unique User ID and password. As a Registered Account holder, you are entitled to view Site Content, view Pay Per View Content and read the applicable information about the Service and Service rules. You will not be entitled to download any other Content, establish account preferences or stream Content.
16. SahelTV Membership Account In order to fully access the Service, including the right to stream certain Content (except Pay Per View Content) and to establish your account preferences, you will be asked to create a "SahelTV Membership" account by registering om the As a registered SahelTV Member you are entitled to full access to all Content available under the SahelTV subscription service and the SahelTV Live Feed. SahelTV Members can purchase Pay-Per-View Content at any time at an additional cost.
17. You warrant that the information you provide during registration for a Registered User Account or Active Account, and any other communications with SahelTV and/or the Service for any reason, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete. You agree that any information provided by you will not violate any law or regulation or infringe the rights of any third party. By opening an account, you are certifying that you are a resident of the United States and that you are capable of entering a contract under the laws of your jurisdiction. USERS WHO VIOLATE THE AGREEMENT, INCLUDING THE FORUM SERVICE RULES, BELOW, OR PROVIDE INACCURATE, FALSE, OR NON-CURRENT ACCOUNT INFORMATION MAY, AT SAHELTV' SOLE DISCRETION, HAVE THEIR REGISTERED ACCOUNT OR ACCOUNT SUSPENDED OR TERMINATED, AND MAY BE PERMANENTLY BANNED FROM USING THE SERVICE.
18. You are responsible for all activity occurring under your Registered User Account or Active Account (hereinafter referred to collectively as an "Account"). You are entirely responsible for maintaining the confidentiality of your Account information, including your User ID and Password, and for any and all activity that occurs on your Account. You agree that you will: (1) immediately notify SahelTV of any unauthorized use of your user name or password; (2) not allow any third party to use your Account; and (3) ensure that you properly exit the Service at the completion of your session. SahelTV shall have no liability for any loss or damage arising from use or misuse of your Account or your failure to comply with these requirements. You agree to notify SahelTV immediately of any unauthorized use of your Registration, Account or password, or any other breach of security. However, you may be held liable for losses incurred by SahelTV, its affiliates, its third party licensors, or by any other user of or visitor to the Service due to someone else using your User ID, Log-Ins, and password, Registered Account or Account. SahelTV, its affiliates and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations.
19. TERMINATION You may terminate your use of the Service at any time. Expiration of your subscription to the Service does not, de facto, terminate your rights under this Agreement. You may still be allowed to access the Service. Information pertaining to your download history that is available in your "My Library" menu shall be retained for 6 months on a rolling basis. Information pertaining to your User ID and Password may be retained in perpetuity for record keeping purposes. However, your right to use the Service and the Client will automatically terminate if you fail to comply with any provision of this Agreement. If this Agreement is terminated due to your actions or inactions, you must: (1) cease all use of the Software, (2) destroy the original and all copies of the Software, and (3) permanently delete all copies of the Software from the computer on which it has been installed.
20. FORUM SERVICE RULES From time to time, SahelTV may make various chat rooms, message boards, or other interactive forums ("Community") available to consumers to communicate with other Service users, customer service representatives, etc. You may post comments, content, submit suggestions, ideas, questions, or other information to the Site community and its Forum and other interactive areas, so long as such content complies with the following Forums Service Rules. If the Forums Service Rules are not acceptable to you, you should immediately discontinue your use of the Forums.
21. You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account while utilizing the Service, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Service. Listed below are some, though not all, violations that may be punishable by law or may also result in SahelTV terminating or suspending your access to the Forum or the Service.
22. You agree not to do any of the following actions while using any Forums: 1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum or Service user or other individual or entity; 2. Transmit any content considered to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, libelous, racially, ethnically or otherwise objectionable; 3. Cause any Forums, or a party's use of the Service, to be disrupted by uploading, posting, or otherwise transmitting scripts, viruses, or other programs designed to inhibit the functionality of or destroy any software or hardware connected to the Forums or the Service; 4. Impersonate in any of the Services any person, including, but not limited to, a SahelTV or Service official, chat or message board leader, guide or host or expert; 5. Disrupt the normal flow of dialogue in a SahelTV chat room or forum, or otherwise act in a manner that negatively affects other participants; 6. Post topics unrelated to the specific subject of the forum including but not limited to rumors or speculations about existing or unreleased Service releases or SahelTV products or services, discussions of SahelTV policy and procedures, and non-constructive complaints or petitions. 7. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation of a commercial nature while using the Forums or Service; 8. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any of the Forums or Service; 9. Invade the privacy or violate any personal or proprietary right or interest of any person or entity; and 10. Infringe the intellectual property rights or similar rights of any party, including, but not limited to, copyrights and trademarks, of any person or entity.
23. By posting or uploading personal content to any Forum or Service ("Forum Content"), you automatically grant (or warrant that the owner of such rights has expressly granted) SahelTV a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, morph, scan, publish, translate, transmit, sub-license, create derivative works from and distribute such materials or incorporate such Forum Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the Forum Content as uploaded or posted by you does not violate any person's so called "Rights of Authors" or "Moral Rights" (Droit Morale) (or other similar or analogous rights under any applicable laws of any country of the world).
24. You understand that the uploading to and/or posting of any Forum Content, using any Forum or using the Service shall not be subject to any obligation of confidence on the part of SahelTV, and SahelTV shall not be liable for any use or disclosure of any such Forum Content. Further, the views expressed in the Forum Content are not endorsed by SahelTV and SahelTV shall bear no liability for their exhibition or publication. Users shall use the same Log In and password they would use for the rest of the Service. Your screen name is all that anyone needs to know. Don't EVER give out your real age, full name, gender, home address, phone number or other personal information to anyone you meet in a chat room or online.
25. The Service has been designed primarily for personal use and is not is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet.
26. Users may not post any information designed to promote or generate revenue for any business activity. The types of commercial or business uses that are prohibited in the Forum and in connection with the use of your Account include the following: 1. Soliciting for advertisers or sponsors; 2. Posting sponsorships and third-party advertisements and banners; 3. Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other Service users; 4. Reselling, renting or subleasing Service space under any circumstances; 5. Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Service users other than for personal, non-commercial purposes; and 6. Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters.
27. You agree to indemnify SahelTV and all of its affiliates, subsidiaries and assigns, for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading to and/or exhibiting any Forum Content on the Service or your failure to comply with the Forum Service Rules. While SahelTV does not and cannot regularly review Forum Content posted by users of the Service and is not responsible for the contents or subject matter of these submissions, SahelTV reserves the right to delete, move, take down, restrict access to or edit Forum Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or otherwise unacceptable for any reason, and/or violates the terms of these Forum Service Rules.
28. CONFIDENTIAL AND PROPRIETARY INFORMATION
Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Service. By accessing, using or browsing this Service, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Service. You agree not to try to access and not to access any information through the Service which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify SahelTV of the unauthorized access, and assist SahelTV in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, shall not use such information, shall return such information to SahelTV immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.
29. USER SUBMUSSIONS SahelTV is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the Site provided for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to SahelTV through the Site (collectively, the "Submission") will forever be the property of SahelTV. SahelTV will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities between your Submission and any future SahelTV products, services or operations. Without limitation, SahelTV will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. SahelTV will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not SahelTV, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
30. You may not assign your rights under this Agreement for any reason. SahelTV may assign its rights under this Agreement at any time. In the event SahelTV elects to assign its rights and obligations hereunder, SahelTV shall notify consumers either via email notice, notice contained in the Message Center and/or written notice, as determined by SahelTV in its sole discretion.
31. DISCLAIMER OF WARRANTIES THE SOFTWARE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS." TO THE FULL EXTENT PERMITTED BY APPLICABLE LOCAL LAW, SAHELTV, ITS AFFILIATED BUSINESSES AND THIRD PARTY CONTENT PROVIDERS AND SOFTWARE PROVIDERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAHELTV, THE SERVICE OR SAHELTV OR SERVICE- AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION OF THE FOREGOING, SAHELTV AND ITS THIRD PARTY SOFTWARE PROVIDERS DO NOT WARRANT THAT: (1) THE SOFTWARE WILL BE ERROR-FREE, (2) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (3) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR (4) THE SOFTWARE OR SERVICE WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE. LIMITATIONS ON LIABILITY.
32. EXPORT RESTRICTIONS
You agree that you will comply with all applicable export laws, restrictions and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury and any other U.S. or foreign agency or authority. You agree not to export or re-export, or allow the export or re-export of the Software in violation of any such law, restriction or regulation, including, without limitation, export or re-export to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to applicable U.S. trade embargoes, or to any party on the U.S. Export Administration Table of Denial Orders or the U.S. Department of Treasury List of Specially Designated Nationals and Blocked Persons, or to any prohibited destination in any of the Country Groups specified in the then current Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).
33. MISCELLANEOUS This Agreement, together with the SahelTV.com Terms of Service and SahelTV Privacy Policy sets forth the nature and extent of your relationship with SahelTV Inc. as it pertains to the Software and the Service. This Agreement will be binding upon and inure to the benefit of SahelTV and you, and SahelTV' successors and permitted assigns, if any. If any provision of this Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Agreement. Any waiver of any breach or failure to enforce any provision of this Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver of any provision of this Agreement will be effective only if it is in writing and signed by SahelTV and you. Nothing contained in the Agreement shall constitute, or enable the development of a joint venture, partnership or any other employee/employer or independent contractor relationship or any other commercial relationship (except as reseller and customer) between you and SahelTV. This Agreement shall be governed by the laws of the United States and the State of New York, irrespective of New York 's conflict or choice of law rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in New York and SahelTV and you irrevocably consent to the jurisdiction of such courts and venue in New York. This Agreement constitutes the entire agreement between SahelTV and you with respect to the subject matter of this Agreement. The Introduction and sections 1 through 4, 6, 9-13, 15, 16, 20-25 and 27 will survive the termination of this Agreement.