TERMS OF USE
Last Updated: 16 September 2022

    APPLICATION OF THESE TERMS OF USE

  1. These Terms of Use (“Terms of Use”) apply to the relationship between us and you when you use our Service.
  2. As used in these Terms of Use, “our Service”, “the Service” means the personalised service for discovering and accessing content, including all features and functionalities, recommendations, our websites, user interfaces, as well as all content and software associated with our Service which can be accessed over the Internet on certain Internet connected devices such as smart TVs, computers, mobiles, set top boxes and other devices (“Authorised Devices”).
  3. The Service is owned and/or operated by MBC FZ LLC with Trade Licence Number: 30391, a limited liability company registered in Dubai, UAE with its principal place of business located at Building 3, Dubai Media City, P.O. Box 72627, Dubai, UAE (“us”, “we”, “our”). References to “you” and “your” refers to the individual who ultimately controls use and/or access to the Service.
  4. Please read these Terms of Use carefully before using the Service. Your use of the Service indicates your acceptance of these Terms of Use and your agreement to be bound by them. If You do not agree to these Terms of Use, please do not use the Service.
  5. Your use of the Service is also subject to our Privacy Policy, which includes information about how we use your personal data. Please read our privacy policy https://shahid.mbc.net/en/privacy-policy before using the Service.
  6. We may amend the Terms of Use at any time. You are expected to check this page from time to time to be aware of any changes to these Terms of Use. By continuing to use the Service after the Terms of Use have been updated, you will be considered to have agreed to those amendments.
  7. THE SERVICE

  8. You must be at least 18 years of age, or the age of majority in your state, province, territory or country, to use the Service. Minors may only use the Service under the supervision of an adult.
  9. You are authorised to use the Service and any content accessed through the Service for your personal and non-commercial purposes and you may not share the Service with individuals beyond your household.
  10. You agree to use the Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service.
  11. We reserve the right to withdraw or modify the Service including but not limited to discontinuing, enhancing, adding or removing any content, part, usage limits, feature or functionality of the Service, without prior notice to you. We are not responsible for the unavailability of the Service for any reason, at any time and for any period.
  12. Software associated with our Service is developed by, or for, us and may solely be used for authorised streaming and access of content on our Service through Authorised Devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licences. You agree that you may automatically receive updated versions of the software and related third-party software
  13. You are responsible for making all necessary arrangements that enable you to access the Service.
  14. PASSWORDS AND ACCOUNT ACCESS

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

  17. The Service and all materials therein or transferred thereby, including, without limitation, the content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and any/all intellectual property rights related thereto, are the exclusive property of MBC and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service and/or any of the content. Use of the Service and/or the content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
  18. During your legitimate use of the Service, we grant you a limited, non-exclusive, non-transferable right to access the Service and the content published thereon from time to time. Except for the foregoing, no right, title or interest shall be transferred to you.
  19. You are not authorised to copy, publish or store in any medium, transmit, broadcast, retransmit, modify or display to the public any portions of the content without our prior written consent. You are not authorised to amend the content or remove any copyright or any proprietary rights notices included in the content.
  20. The content available on the Service will change regularly. The availability of the content is outside our control. You acknowledge and agree that certain content may not be available to you depending on your location or on the Authorised Device that you use to access the Service.
  21. MOST CONTENT AVAILABLE ON THE SERVICE WHICH IS RATED 18+ WILL BE MARKED WITH THIS RATING /CONTENT ADVISORY. HOWEVER, OTHER CONTENT MAY NOT BE RATED, AND MAY CONTAIN GRAPHIC VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. SUCH CONTENT MAY NOT BE SUITABLE FOR ALL VIEWERS AND VIEWER DISCRETION, PARTICULARLY THAT OF PARENTS OR LEGAL GUARDIANS, IS ALWAYS ADVISED.
  22. Parental Controls. We have easy-to-use, parental control options on the Service. These enable you to control the type and class of Content available and accessible on each and every Authorised Device under your Access Plan. For more information on parental controls, contact us here https://shahid.mbc.net/en/contact-us
  23. You may access the content primarily within the country in which you have established your account and only in geographic locations where we offer our Service and have licensed such content. The content that may be available will vary by geographic location and will change from time to time. The number of Authorised Devices on which you may simultaneously watch depends on the prevailing usage rights available to you and is described on the "Help Center" page of the Service.
  24. Some content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of Authorised Devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
  25. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD or Ultra HD and not all Access Plans allow you to receive content in all formats. The minimum connection speed for SD quality is 2.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p). A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 1080). A download speed of at least 17.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Authorised Device.
  26. User Submissions. We are pleased to hear from our customers and welcome your comments regarding our products and services. We also continually carry out customer surveys on various aspects of our Service. All remarks, surveys, suggestions, ideas, graphics, or other information communicated to us through the Service, our various communication channels, surveys or our social media accounts (each, a "Submission") will forever be the property of MBC. We 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 products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. We 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 us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You acknowledge and agree that neither us nor any of our licensees, successors or assigns has now, or will have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Submission, and that we and our licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any feedback submitted.
  27. COPYRIGHT INFRINGEMENT

  28. If you are of the honest belief that any content appearing on the Service constitutes copyright infringement in any way, shape, or form, please send us the following information via https://shahid.mbc.net/en/contact-us: your name, address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; The exact URL or a description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and, 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 authorised to act on the copyright owner’s behalf.
  29. LINKS

  30. The Service may contain links to other internet websites, including without limitation social media websites. We do not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness, quality, practices or policies of any such third party website. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you irrevocably waive any claim against us with respect to any such third party website
  31. You are not permitted to link the Service or any of the content to or from any third party website without our prior written consent, which consent shall be at the sole and absolute discretion of us.
  32. ACCESS TO THE SERVICE

  33. We offer the Service, directly or indirectly, through a number of access methods, plans or tiers (collectively the “Access Plans”), including but not limited to:
    • 27.1     ad funded plans (AVOD);

      27.2    subscription fee funded plans (SVOD);

      27.3     ad funded subscription fee funded plan (Ad Funded SVOD);

      27.4     access plans offered by third parties bundled with the purchase of their own products and services such as your mobile or broadband service;

      27.5     vouchers and/or coupons;

      27.6     third party owned mobile payment services such as iTunes and Google Play.

  34. Each Access Plan will grant you access to the Service for certain periods - seven (7) days, thirty (30) days, three (3) months, twelve (12) months or in the case of ad funded plans, for an unlimited period subject to usage rights (collectively the “Access Period”).
  35. Access Plans offered to you may depend on your geographical location and/or Authorised Device.
  36. Account Registration and Sign In.
    • 30.1     Direct Subscription. When you subscribe to an Access Plan directly through us, we may require you to register an account on the Service using your email address and/or telephone number before we will grant you access to the Service.

      30.2     Single Sign On (SSO). We may permit you to use SSO credentials with a third party application, in order for you to register an account on the Service or sign in using your SSO, so that you can access the Service by logging in just one time. When SSO is set up, you do so under the terms and conditions of the third party application and/or SSO provider. Your SSO credentials and details will then become your account details for the purposes of accessing the Service.

      30.3     In all cases where you have created an account on the Service, the following conditions will apply:
      • 30.3.1     You are personally responsible for the use of your account by you or any other person. If a third person uses your account, you agree to assume full responsibility for such use and you confirm that the third person will fully comply with these terms of use.

        30.3.2     All information that you provide at your registration must be correct and accurate.

        30.3.3     You must keep your password confidential. You do not need to disclose your password to any representative of the Service. Since you remain personally responsible for the use of your account, you must secure, preserve and not share your password. You must inform Customer Service if you become aware of or suspect any unauthorised use of your account, as well as inform us of any change to your information and data in case we want to communicate with you.

  37. Payment
    • 31.1    Payment Method. You must pay for your Access Plan using a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party or mobile payment provider (the “Payment Method”).

      31.2     Fees. You agree to the pricing terms as set forth on the Service, as we may update them from time to time. You agree to pay all fees due for your Access Plan to the Service ("Subscription Fees") on or around the date you register for the Service (unless you participate in a special promotion), and you hereby authorise us to charge your Payment Method for all such Subscription Fees as and when they fall due at that time and continuing thereafter. We will always endeavour to indicate the Subscription Fee in your local currency but you acknowledge that this may not always be possible and our failure to do so will not amount to a breach of our obligations provided that the Subscription Fee charged is equal to the Subscription Fee as described on the Service.

      31.3     Recurring. You acknowledge and agree that your Subscription will automatically renew for additional Access Periods on or around each renewal date after you registered for the Service (each a "Renewal Date"), unless you properly cancel your Access Plan prior to the applicable Renewal Date (as per the cancellation process described in these Terms of Use). You further authorise us to charge your Payment Method the Subscription Fees on or around each Renewal Date.

      31.4    Amendment of fees. We may add new services for additional fees and charges or amend fees and charges for existing services (including but not limited to your Access Plan and your Subscription Fees), at any time in our sole discretion. Any change to our pricing or payment terms (including but not limited to Subscription Fees) shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Use.

      31.5     You explicitly agree to any fees, charges, taxes arising from your use of this Payment Method. If you wish to change the payment method and/or change the credit card details, you can and must update your payment information on the account section of the Service. Upon the expiry of the validity of your Payment Method, you agree that we will continue to charge you and you will continue to pay the Subscription Fee due, and you remain fully responsible to pay the full amounts, fees, expenses and charges for any transaction and to implement and collect the amounts through any means (collection companies, law firms, arbitration)

  38. Promotions
    • 32.1     We may offer special promotional plans or subscriptions from time to time (“Promotions”). Any special terms that apply to such Promotion will be applicable only to that Promotion and for the duration of the Promotion period. You acknowledge and agree that the full Subscription Fees will become immediately due for your continued access to the Access Plan upon the expiration of any Promotion, unless you cancel your Access Plan prior to the expiration of said Promotion. You agree to pay all such Subscription Fees on or around such date, and you authorise us to charge your Payment Method for all such Subscription Fees at such time.

      32.2    We may also offer the Access Plans with and/or offered by third parties in conjunction with the provision of their own products and services such as but not limited to a bundle offer from your mobile or broadband provider. We are not responsible for the products and services provided by such third parties. If your account and/or subscription with such third party ceases or is terminated for any reason this will result in your termination of your Access Plan and the associated Access Period.

  39. Vouchers and Coupons
    • 33.1     If you have a valid voucher or coupon for the Service which gives you either a discount or free access to the Service, your Payment Method will not be charged (or will be charged with the discounted Subscription Fee as per your voucher).

      33.2     In the case of a coupon, you will be required to input your normal registration details as part of redemption process for the coupon and provide a Payment Method. Once your coupon period ends, your Payment Method will automatically be charged with the current retail Subscription Fee for the Service. If you do not wish to be charged, you may cancel your account before the end of your Access Period in accordance with the Cancellation clause in these Terms of Use.

      33.3    We only allow one voucher/coupon per account, household, telephone number, Payment Method, name, or alter-ego, and we reserve the right to prevent you from taking advantage of such promotion if we think you have already enjoyed one before.

  40. Gift Cards
    • 34.1     You can purchase gift cards which you can redeem against the subscription fee to the Service. You cannot use gift cards in conjunction with any offers, unless the offer clearly so indicates. Gift card purchase and use are governed by the special conditions printed on the gift card itself.

  41. 37. Cancellation
    • 35.1    You can cancel these Terms of Use and thereby your Access Plan by following the directions on the Help Center section of the Service. You must cancel no less than one (1) full day before a Renewal Date and before your next Access Period is due to start in order for your recurring Payment Method to not be charged. When you cancel, you’ll continue to have access to the Service until the end of the Access Period you’ve paid for.

      35.2     Upon the cancellation of your Access Plan, the cancellation applies from the end of the Access Period (depending on your Access Plan) in which the cancellation took place. No part of the Subscription Fee will be refunded to you unless required otherwise by applicable law, in which case any refund will be effected only through your original Payment Method.

      35.3     In the event that you or we suspend or terminate your Access Plan or these Terms of Use, you understand and agree that you shall receive no refund, credit, or exchange for any unused time on your Access Plan, any licence or Subscription Fees for any portion of the Service, any content or data associated with your Access Plan, or for anything else.

      35.4     Nothing is stopping you from coming back though, and of course you can re-activate the Service on your Access Plan at a later date.

      35.5    Where you request that we delete all your data associated with your account this will also result in your Access Period terminating with effect from your data being deleted from our systems.

  42. TERMINATION

  43. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by the terms and conditions of these Terms of Use which are specifically intended to survive such termination.
  44. INDEMNIFICATION

  45. You agree to defend, indemnify and hold harmless us and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User content or any Submission that is submitted via your Subscription account or otherwise; (vi) your use of any Content in violation of local law; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
  46. DISCLAIMER OF WARRANTIES

  47. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MBC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
  48. MBC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.
  49. LIMITATION OF LIABILITY

  50. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MBC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL MBC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR SUBSCRIPTION ACCOUNT OR THE INFORMATION CONTAINED THEREIN
  51. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MBC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
  52. General

  53. Assignment. This Agreement, your obligations, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  54. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
  55. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and us’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  56. Jurisdiction and Governing Law. These Terms of User are governed by the laws of England and Wales and the Dubai International Financial Centre (“DIFC”) courts will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Term of Use.
  57. Communications

  58. If you have any questions or concerns about any material that appears on the Service, please inform us through customer service.