1. Acceptance of Terms

By accessing and using SmartMediaGH's digital media platform, including our website, mobile applications, live TV streaming, radio services, and all related content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and SmartMediaGH ("we," "us," or "our"). If you do not agree to these terms, please do not use our services.

These terms apply to all users of our platform, including viewers, listeners, content creators, and any other individuals or entities accessing our services. We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting on our platform.

2. Service Description

SmartMediaGH provides a comprehensive digital media platform offering:

• Live TV streaming services with Ghanaian and international content
• Radio broadcasting and on-demand audio content
• Exclusive shows, documentaries, and entertainment programming
• Social media integration and community engagement features
• Philanthropic programming and community development content
• News updates and current affairs coverage
• Educational content and cultural programming
• Mobile applications and multi-platform accessibility

3. User Accounts and Registration

To access certain features of our platform, you may be required to create an account. You are responsible for:

• Providing accurate, current, and complete information during registration
• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring you are at least 13 years old to create an account (or 18 for certain features)

We reserve the right to terminate accounts that violate these terms or engage in fraudulent activities.

4. Content and Intellectual Property

All content on SmartMediaGH, including but not limited to text, graphics, images, audio, video, software, and other materials, is owned by SmartMediaGH or our content partners and is protected by Ghanaian and international copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or publicly display our content without permission
• Create derivative works based on our content
• Use our content for commercial purposes without authorization
• Remove or alter any copyright, trademark, or other proprietary notices
• Attempt to reverse engineer or decompile our platform

5. User-Generated Content

When you submit content to our platform (comments, reviews, feedback, etc.), you grant SmartMediaGH a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with our services.

You represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your content does not violate any third-party rights
• Your content complies with applicable laws and regulations
• Your content is not defamatory, obscene, or otherwise objectionable

6. Acceptable Use Policy

You agree to use our platform only for lawful purposes and in accordance with these terms. You may not:

• Use our services to transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt our services or servers
• Use automated systems to access our platform without permission
• Engage in any activity that could damage, disable, or impair our services
• Violate any applicable laws or regulations
• Harass, abuse, or harm other users

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. We comply with Ghana's Data Protection Act and other applicable privacy laws.

By using our services, you consent to:

• The collection and processing of your personal data as described in our Privacy Policy
• The use of cookies and similar technologies to enhance your experience
• The sharing of your information with trusted third-party service providers
• Receiving communications from us about our services and updates

8. Payment Terms and Subscription Services

Some features of our platform may require payment or subscription. All payments are processed securely through our authorized payment processors. By making a payment, you agree to:

• Provide accurate billing information
• Pay all applicable fees and taxes
• Authorize recurring payments for subscription services
• Notify us of any billing disputes within 30 days

Subscription fees are billed in advance and are non-refundable except as required by law or as specified in our refund policy.

9. Refund Policy

SmartMediaGH offers refunds in the following circumstances:

• Technical issues preventing service delivery for more than 24 hours
• Unauthorized charges or billing errors
• Service cancellation within 7 days of initial subscription (first-time subscribers only)
• As required by Ghanaian consumer protection laws

Refund requests must be submitted through our customer support channels with appropriate documentation. We will process valid refund requests within 5-10 business days.

10. Service Availability and Technical Requirements

While we strive to provide continuous, high-quality service, we cannot guarantee uninterrupted access to our platform. Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical issues or system failures
• Internet connectivity problems
• Force majeure events beyond our control

You are responsible for ensuring you have adequate internet connectivity and compatible devices to access our services.

11. Third-Party Content and Links

Our platform may contain links to third-party websites, services, or content. We do not endorse, control, or assume responsibility for any third-party content, privacy policies, or practices. Your interactions with third-party services are governed by their respective terms and policies.

12. Disclaimers and Limitations of Liability

SmartMediaGH provides our services "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy or completeness of content
• Warranties that defects will be corrected

In no event shall SmartMediaGH be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

13. Indemnification

You agree to indemnify and hold harmless SmartMediaGH, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any third-party rights
• Your submission of content that violates applicable laws

14. Governing Law and Dispute Resolution

These terms are governed by and construed in accordance with the laws of Ghana. Any disputes arising from these terms or your use of our services shall be resolved through:

• Good faith negotiations between the parties
• Mediation in Accra, Ghana, if negotiations fail
• Arbitration in accordance with Ghanaian arbitration laws
• Litigation in the courts of Ghana as a last resort

15. Changes to Terms

We reserve the right to modify these terms at any time. Material changes will be communicated to users through our platform or via email. Your continued use of our services after such changes constitutes acceptance of the modified terms.

16. Contact Information

For questions about these terms or our services, please contact us at:

• Email: legal@smartmediagh.com
• Phone: +233 24 455 5245
• Address: Accra, Ghana
• Website: www.smartmediagh.com

17. Severability

If any provision of these terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18. Entire Agreement

These terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SmartMediaGH regarding your use of our services. These terms supersede all prior agreements and understandings between the parties.

Last Updated: January 2024

Effective Date: January 1, 2024