TERMS OF USE as of 18-APRIL-2020
THESE TERMS CONTAIN PROVISIONS CONCERNING THE ARBITRATION ACT 42 OF 1965 AS AMMENDED (GAZETTED BY GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
StartupTV [a division of StartupApp (Pty) Ltd whose Company Registration Number is 2018/236181/07] and its affiliates (collectively, “StartupTV” or “we” or “us”) owns, operates and/or provides this and other South Africa-based digital properties, such as websites, mobile apps, games or smart TV apps (each, a “Site”) subject to your compliance with the terms and conditions set forth in these Terms of Use. You agree that both your access to and use of the Sites are governed by these Terms of Use (the “Terms”). These Terms are a legal contract between you and StartupTV, and by accessing and/or using the Sites, including registering for an account, interacting with the Sites, or submitting feedback through the Sites, you agree to follow and be bound by the Terms and to abide by all rules, terms, conditions, restrictions and notices in the Terms. If you do not agree to the Terms, do not access or use the Sites.
Promotions, sweepstakes, giveaways, contests, or other interactions with the Sites (each, a “Promotion”) are governed by these Terms unless specifically superseded by Promotion-specific terms.
1. Dispute Resolution
You and StartupTV agree to arbitrate all Disputes between you and StartupTV, except for Disputes relating to the enforcement of StartupTV’s intellectual property. “Dispute” includes, without limitation, any dispute, action or other controversy, whether based on past, present or future events, between you and StartupTV arising out of or relating to the Sites or the Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.
The Terms are solely governed by and construed in accordance with the laws of the Republic of South Africa, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Except for Disputes relating to the enforcement of StartupTV’s intellectual property, you and StartupTV agree that any Disputes between you and StartupTV relating to the Sites, or the interpretation, applicability or enforceability of the Terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of the Terms are void or voidable, must be resolved exclusively through binding arbitration under the rules of the Association of Arbitration South Africa (“AoA”) and that the arbitrator shall have the exclusive authority to resolve any such Dispute, or in small claims court in the Gauteng Province, Republic of South Africa or in your province of residence if your claims qualify to be heard there. In the event of a Dispute, you or StartupTV must send to the other party a notice of Dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the Dispute and relief requested. You may initiate proceedings by sending StartupTV a Notice of Legal Dispute, available on the AoA website at WWW.ARBITRATORS.CO.ZA, to the following address:
StartupTV
Attn: Digital Media Counsel, Legal & Business Affairs-Legal/Arbitration Notice
21 Margaret Avenue
Kempton Park, 1619
We will send any notice of Dispute to you at the contact information we have for you.
You and StartupTV agree to try to attempt to resolve a Dispute through informal negotiation upon notice of a Dispute for a period of 60 days. If you and StartupTV do not resolve the Dispute in such 60 days time period or in small claims court, then you or StartupTV may commence arbitration. You and StartupTV agree that a Dispute will be heard before a neutral single arbitrator, whose decision will be final, except for a limited right of appeal under the Arbitration Act 42 of 1965 as ammended. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the AoA Rules for the Conduct of Arbitrators. Information regarding these rules can be found on the AoA website at WWW.ARBITRATOR.CO.ZA. In addition, you and StartupTV agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AoA’s Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, StartupTV will pay all other AoA and arbitrator’s fees and expenses.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you or StartupTV related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the South African courts, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
2. Ownership and Use of Sites and Content
The Sites may include information, content, or other materials, including without limitation, audio and video programming (and clips thereof), logos, icons, games, software, applications, data, text, graphics, images, and/or links (collectively, the “Content”). You acknowledge that the Content and the Sites are protected by copyrights, trademarks, patents and other proprietary rights owned by StartupTV and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media and formats existing now or later developed and under Republic of South Africa and foreign laws. Except as expressly provided herein, StartupTV does not grant you any express or implied rights in or to the Content and/or the Sites, and all right, title and interest that StartupTV has in the Content and/or the Sites not explicitly granted to you by StartupTV or its licensors are retained by StartupTV or its licensors, respectively.
StartupTV hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Sites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Content and/or the Sites, only for as long as each Content or Site is made available by us. You acknowledge that you do not acquire any ownership rights in or to any of the Sites or the Content by using any of the Sites or Content.
The Sites and Content are provided for your personal and non-commercial use and are intended for informational and entertainment purposes only, and you are prohibited from using, and are expressly not granted the right to use, the Sites or Content for any other purpose. As a condition of your access to and use of the Content and Sites, you agree that you will not use the Content or Sites for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms, including South Africa export control and economic sanctions requirements.
No Content or Site may be modified, copied, adapted, transformed, reverse engineered, decompiled, disassembled, reduced to a human-readable form, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means now known or hereinafter devised, in whole or in part, without StartupTV’s or its licensors’ prior written permission or as expressly authorized by these Terms. You agree not to introduce knowingly or recklessly a virus or other harmful component, otherwise tamper with, impair or damage any Site or connected network, or interfere with any person or entity’s use or enjoyment of any Site. You further agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, the Sites or Content or any portion of the Sites or Content using a robot, search engine, “spider,” “scraper,” or other automated means or manual process without our express written permission. You may not circumvent or disable any content protection features or digital rights management technology on or used with any Content or Site. You must retain all copyright and other proprietary notices on downloaded and copied Content, and any such downloads or copies are subject to the terms and conditions of these Terms.
The trademarks, logos and service marks displayed on the Sites (collectively the “Trademarks”) are the registered and unregistered trademarks of StartupTV, its subsidiaries, it’s licensors and vendors and other third parties. The Trademarks owned by StartupTV and its subsidiaries, whether registered or unregistered, may not be used in connection with any product or service that is not StartupTV’s, in any manner that suggests an association with our products, services, or brands, in any manner that is likely to cause confusion among consumers, or in any manner that disparages StartupTV. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of StartupTV or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and StartupTV will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
3. Interactive Features and User Submissions
The Sites may provide you and other users with features that allow you to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, ratings or material to the Sites (“Submissions”). Submissions do not reflect the views of StartupTV and StartupTV has no obligation to monitor, edit, or review any Submissions on the Sites. StartupTV assumes NO responsibility or liability arising from the content of any such Submissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Submissions on the Sites. You are strictly prohibited from posting or transmitting any unlawful, threatening, harassing, libelous, defamatory, obscene, bigoted, hateful, scandalous, inflammatory, violent, vulgar, pornographic, profane or otherwise offensive material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, harm or can reasonably be expected to harm any person or entity, or otherwise violate any law. StartupTV will fully cooperate with any law enforcement authorities or court order requesting or directing StartupTV to disclose the identity of anyone posting any such information or materials.
By sending, posting or transmitting to StartupTV Submissions in any manner or by posting such Submissions to any area of the Sites, you grant StartupTV and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property and proprietary rights to use, reproduce, exhibit, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import or otherwise exploit such Submissions in any media and format now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. You agree not to enforce any moral, ancillary or similar rights in or to the Submissions against us or our licensees, distributors, agents, representatives and other users. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You must not transmit any Submission to or through the Sites or to StartupTV that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
By posting a Submission you represent and warrant (A) that you own or otherwise control all of the rights to your Submission, including without limitation, all copyrights; (B) that the content is accurate; (C) that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and (D) that you will indemnify, defend and hold harmless StartupTV and/or its subsidiaries, and each of our and their respective employees and officers, for any and all claims, demands, liability, loss or expenses (including attorney’s fees) resulting from any content, information and ratings, including without limitation, all Submissions you supply, provide or transmit to StartupTV or the Sites. StartupTV has the right, but not the obligation, to monitor and edit or remove any activity or content with or without prior notification to you.
StartupTV takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. StartupTV RESERVES THE RIGHT TO REMOVE ANY SUBMISSION, WITH OR WITHOUT NOTICE TO YOU, THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITES.
4. Purchasing Content or Subscriptions
You may choose to purchase merchandise, content, subscriptions or other products or services from merchants, apps, app stores, or platforms (collectively, “Merchants”) posted on or linked to through the Sites. Any terms, conditions, warranties, or representations from Merchants regarding purchases from Merchants are solely between you and the Merchant. StartupTV is not responsible for losses or damages of any kind resulting from such purchases and StartupTV makes no warranty or representation regarding purchases through any Merchant posted on or linked to through the Sites. In-app purchases through third-party app stores or marketplaces are governed by the terms of the third-party app store or marketplace.
5. Submission of Unsolicited Ideas
StartupTV does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, services, technologies or processes (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Sites or to StartupTV through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to StartupTV, including any concepts, know-how or ideas, you hereby grant StartupTV a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, exhibit, distribute, prepare derivative works of and display the User Ideas in connection with the Sites and StartupTV’ (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others. You further agree that, in connection with any submission of User Ideas to us, that no confidential or fiduciary relationship is intended or created between you and us in any way and that there is no expectation on your part of review, compensation or consideration of any type.
6. Modifications to the Sites and the Terms
StartupTV reserves the right, in its sole discretion, to change, terminate, supplement, modify, add to or discontinue any content, feature, or aspect of the Sites. StartupTV reserves the right to make changes to these Terms at any time. We will provide notification to you in advance of any material changes to these Terms becoming effective by posting a notification on the Sites. If you continue to access and/or use any of the Sites after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms any time you access or use the Sites, and we recommend that you print out a copy for your records.
7. Third-Party Sites and Platforms
The Sites may contain links to third-party websites or may be accessible through third-party platforms (for example, via one of our Smart TV apps). These third-party websites and platforms and the content on such third-party websites and platforms are not under the control of StartupTV. StartupTV is not responsible for the contents of any linked third-party website or any third-party platform or for any information, materials or any form of transmission received from any linked third-party site or third-party platform, nor is StartupTV responsible if the linked third-party site or third-party platform is not functioning properly. StartupTV provides these links and access via these platforms to you merely as a convenience, and the inclusion of any link or access via any platform does not imply endorsement by StartupTV of any third party, third-party website or third-party platform, or any association with the operators of such website or platform. You are responsible for viewing and abiding by the privacy statements and terms of use that apply to any third-party website or third-party platform and its contents.
Your network or roaming provider’s messaging, data and any other relevant rates and fees may apply when you access the Sites through a mobile network. Your network provider may prohibit or restrict downloading, installing or using certain Sites and not all Sites may work with your network provider or device.
Any dealings with third parties, such as advertisers, included within the Sites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. StartupTV is neither responsible nor liable for any part of such dealings or promotions.
8. Claims of Copyright Infringement
The Electronic Communications and Transactions Act of 2002 (ECTA), the Films and Publications Act (FPA) of 1996 as well as the Copyright Act of 1978 provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If you believe in good faith that materials hosted by StartupTV infringe your copyright (for example, materials posted by StartupTV on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked. Please see the requirements and specific instructions for submitting a notice to StartupTV on STARTUPTV’S COPYRIGHT POLICY. If you believe in good faith that a notice of copyright infringement has been wrongly filed by StartupTV against you, the ECTA permits you to send StartupTV a counter-notice. Please refer to StartupTV’s COPYRIGHT POLICY for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECTA; see WWW.JUSTICE.GOV.ZA for details. Notices and counter-notices with respect to the Sites should be sent to StartupTV’s Copyright Agent for Notice of claims of copyright infringement: By Telephone: +27(0)875107277, or By email: COPYRIGHT@STARTUPTV.CO.ZA (with the subject line: “ECTA Communication (from YOU)”).
StartupTV’ Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. ALL OTHER INQUIRIES DIRECTED TO STARTUPTV’S COPYRIGHT AGENT WILL NOT BE ANSWERED.
9. Digital Charges
The Sites may include download charges, in-app/game purchases and in-app/game subscriptions (collectively, “Digital Charges”). Digital Charges may be levied by StartupTV directly or a third-party platform. The digital goods provided by StartupTV in return for Digital Charges (“Digital Goods”) include only a limited license and right to be used as allowed by StartupTV in its sole discretion. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Digital Goods on and in the Sites, you agree that you have no right or title in or to any such Digital Goods. You agree that StartupTV or the third-party platform has the sole right to regulate, oversee, manage, control, modify, terminate, and/or eliminate Digital Charges and the associated Digital Goods from the Sites as it sees fit and in its sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT DIGITAL CHARGES MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF THE SITES IF, WHEN AND TO THE EXTENT ALLOWED BY StartupTV, IN ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ACCESS TO DIGITAL GOODS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THESE TERMS REGARDING SUCH DIGITAL GOODS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO REAL PROPERTY RIGHTS WITH RESPECT TO SUCH DIGITAL GOODS, ANY VIRTUAL PROPERTY RIGHTS WITH RESPECT TO SUCH DIGITAL GOODS, ANY RIGHT OF ACCESS TO SUCH VIRTUAL CURRENCY OR ANY RIGHT TO ANY DATA STORED BY OR ON BEHALF OF StartupTV.
10. Access by Children
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN OF A USER OF THE SITES WHO IS UNDER THE AGE OF 18, YOU CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, AND YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF AND ASSUME FULL RESPONSIBILITY FOR SUCH TEENAGER’S USE OF THE SITES.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. Pursuant to Protection of Personal Information Act Part C Section (34) and (35), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Sites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
11. Privacy/Security
StartupTV uses your personal information as set out in our PRIVACY NOTICE. By using our Sites, you acknowledge that you have read and understood our PRIVACY NOTICE.
Without limiting the terms of the PRIVACY NOTICE, you understand that we do not guarantee that your use of the Sites and/or the information provided by you will be private or secure, and to the fullest extent permitted by law we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Sites.
If you register for an account through a Site using stand-alone registration or social media logins, you are responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. If you have reason to believe that your username, password or other account information is no longer secure or you become aware of any other breach of security involving your account or the Site, you must: (i) promptly change your password by visiting the Sites or applicable social media site, and (ii) immediately notify us of the problem by emailing us at FEEDBACK@STARTUPTV.CO.ZA (with the subject line: “Account Security Issues”). You agree that the information you provide and maintain under your account, including your contact information and your payment information, is true, accurate, current and complete, and you agree not to impersonate or misrepresent your identity or your affiliation with any person or entity. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
You may not use anyone else’s user account at any time, and you may not allow anyone else to use your account at any time. You agree that StartupTV will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by StartupTV or another party due to someone else using your account information. Because of this, StartupTV strongly recommends that you exit from your account at the end of each session.
12. Termination
Your ability to access and use the Sites and Content will remain effective until terminated in accordance with the Terms. StartupTV may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. StartupTV reserves the right to refuse service to anyone and to remove Content for any reason whatsoever in its sole discretion.
You may terminate your account by sending a letter stating your intention to StartupTV, Attn: Digital Account Termination C/O Legal & Business Affairs, via email FEEDBACK@STARTUPTV.CO.ZA (with the subject line “Termination Request”). StartupTV may terminate and delete your account, in our sole discretion, if it has been inactive for a period of at least 12 months. Your account will be considered inactive if you do not log on to any Site using your username and password.
13. Disclaimers
THE SITES, THE CONTENT AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, StartupTV AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. STARTUPTV AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR ANY PART THEREOF INCLUDING THE CONTENT AND SUBMISSIONS), THE SERVER(S) ON WHICH THE SITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF STARTUPTV OR ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITES, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY CONTENT AND SERVICES PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
NEITHER STARTUPTV NOR ANY OF OUR SUBSIDIARIES, LICENSORS, SUPPLIERS, MERCHANTS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE SITES AND/OR CONTENT CONTAINED ON THE SITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SITES, (B) YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SITES AND/OR CONTENT CONTAINED ON THE SITES, OR (C) ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN CONNECTION WITH THE SITES AND/OR CONTENT, IN EACH CASE (A) THROUGH (C), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STARTUPTV’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, CONTENT, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE SITES, CONTENT, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO StartupTV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO STARTUPTV, IF ANY, TO ACCESS OR USE THE SITES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND STARTUPTV OR A REPRESENTATIVE OF STARTUPTV CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. Indemnification
You agree to indemnify, defend (at StartupTV’s sole option) and hold harmless StartupTV, our licensors, suppliers, merchants, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms; (b) any allegation that any Submission or other information you submit to us or transmit to the Sites or StartupTV infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Sites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
16. Notices and Contact Information
All notices required or permitted to be given under these Terms must be in writing and shall be given by email at FEEDBACK@STARTUPTV.CO.ZA, Attention: Digital Media Counsel, Legal & Business Affairs. Notices shall be deemed to have been received on the date of delivery.
If you have any questions, comments or complaints regarding the Sites, feel free to contact us at FEEDBACK@STARTUPTV.CO.ZA (with the subject line “Questions, Comments or Complaints”).
17. Miscellaneous
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and StartupTV relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with StartupTV’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and any failure by us to assert any right or provision under the Terms will not constitute a waiver of such right or provision. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. The provisions of the Terms which by their nature should survive termination of the Terms shall survive such termination. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. StartupTV’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of StartupTV’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by StartupTV with respect to such use.
©2020 StartupTV. All Rights Reserved.
THESE TERMS CONTAIN PROVISIONS CONCERNING THE ARBITRATION ACT 42 OF 1965 AS AMMENDED (GAZETTED BY GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
StartupTV [a division of StartupApp (Pty) Ltd whose Company Registration Number is 2018/236181/07] and its affiliates (collectively, “StartupTV” or “we” or “us”) owns, operates and/or provides this and other South Africa-based digital properties, such as websites, mobile apps, games or smart TV apps (each, a “Site”) subject to your compliance with the terms and conditions set forth in these Terms of Use. You agree that both your access to and use of the Sites are governed by these Terms of Use (the “Terms”). These Terms are a legal contract between you and StartupTV, and by accessing and/or using the Sites, including registering for an account, interacting with the Sites, or submitting feedback through the Sites, you agree to follow and be bound by the Terms and to abide by all rules, terms, conditions, restrictions and notices in the Terms. If you do not agree to the Terms, do not access or use the Sites.
Promotions, sweepstakes, giveaways, contests, or other interactions with the Sites (each, a “Promotion”) are governed by these Terms unless specifically superseded by Promotion-specific terms.
1. Dispute Resolution
You and StartupTV agree to arbitrate all Disputes between you and StartupTV, except for Disputes relating to the enforcement of StartupTV’s intellectual property. “Dispute” includes, without limitation, any dispute, action or other controversy, whether based on past, present or future events, between you and StartupTV arising out of or relating to the Sites or the Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.
The Terms are solely governed by and construed in accordance with the laws of the Republic of South Africa, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Except for Disputes relating to the enforcement of StartupTV’s intellectual property, you and StartupTV agree that any Disputes between you and StartupTV relating to the Sites, or the interpretation, applicability or enforceability of the Terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of the Terms are void or voidable, must be resolved exclusively through binding arbitration under the rules of the Association of Arbitration South Africa (“AoA”) and that the arbitrator shall have the exclusive authority to resolve any such Dispute, or in small claims court in the Gauteng Province, Republic of South Africa or in your province of residence if your claims qualify to be heard there. In the event of a Dispute, you or StartupTV must send to the other party a notice of Dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the Dispute and relief requested. You may initiate proceedings by sending StartupTV a Notice of Legal Dispute, available on the AoA website at WWW.ARBITRATORS.CO.ZA, to the following address:
StartupTV
Attn: Digital Media Counsel, Legal & Business Affairs-Legal/Arbitration Notice
21 Margaret Avenue
Kempton Park, 1619
We will send any notice of Dispute to you at the contact information we have for you.
You and StartupTV agree to try to attempt to resolve a Dispute through informal negotiation upon notice of a Dispute for a period of 60 days. If you and StartupTV do not resolve the Dispute in such 60 days time period or in small claims court, then you or StartupTV may commence arbitration. You and StartupTV agree that a Dispute will be heard before a neutral single arbitrator, whose decision will be final, except for a limited right of appeal under the Arbitration Act 42 of 1965 as ammended. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings shall be governed by the AoA Rules for the Conduct of Arbitrators. Information regarding these rules can be found on the AoA website at WWW.ARBITRATOR.CO.ZA. In addition, you and StartupTV agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AoA’s Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, StartupTV will pay all other AoA and arbitrator’s fees and expenses.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you or StartupTV related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the South African courts, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
2. Ownership and Use of Sites and Content
The Sites may include information, content, or other materials, including without limitation, audio and video programming (and clips thereof), logos, icons, games, software, applications, data, text, graphics, images, and/or links (collectively, the “Content”). You acknowledge that the Content and the Sites are protected by copyrights, trademarks, patents and other proprietary rights owned by StartupTV and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media and formats existing now or later developed and under Republic of South Africa and foreign laws. Except as expressly provided herein, StartupTV does not grant you any express or implied rights in or to the Content and/or the Sites, and all right, title and interest that StartupTV has in the Content and/or the Sites not explicitly granted to you by StartupTV or its licensors are retained by StartupTV or its licensors, respectively.
StartupTV hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Sites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Content and/or the Sites, only for as long as each Content or Site is made available by us. You acknowledge that you do not acquire any ownership rights in or to any of the Sites or the Content by using any of the Sites or Content.
The Sites and Content are provided for your personal and non-commercial use and are intended for informational and entertainment purposes only, and you are prohibited from using, and are expressly not granted the right to use, the Sites or Content for any other purpose. As a condition of your access to and use of the Content and Sites, you agree that you will not use the Content or Sites for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms, including South Africa export control and economic sanctions requirements.
No Content or Site may be modified, copied, adapted, transformed, reverse engineered, decompiled, disassembled, reduced to a human-readable form, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means now known or hereinafter devised, in whole or in part, without StartupTV’s or its licensors’ prior written permission or as expressly authorized by these Terms. You agree not to introduce knowingly or recklessly a virus or other harmful component, otherwise tamper with, impair or damage any Site or connected network, or interfere with any person or entity’s use or enjoyment of any Site. You further agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, the Sites or Content or any portion of the Sites or Content using a robot, search engine, “spider,” “scraper,” or other automated means or manual process without our express written permission. You may not circumvent or disable any content protection features or digital rights management technology on or used with any Content or Site. You must retain all copyright and other proprietary notices on downloaded and copied Content, and any such downloads or copies are subject to the terms and conditions of these Terms.
The trademarks, logos and service marks displayed on the Sites (collectively the “Trademarks”) are the registered and unregistered trademarks of StartupTV, its subsidiaries, it’s licensors and vendors and other third parties. The Trademarks owned by StartupTV and its subsidiaries, whether registered or unregistered, may not be used in connection with any product or service that is not StartupTV’s, in any manner that suggests an association with our products, services, or brands, in any manner that is likely to cause confusion among consumers, or in any manner that disparages StartupTV. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of StartupTV or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and StartupTV will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
3. Interactive Features and User Submissions
The Sites may provide you and other users with features that allow you to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, ratings or material to the Sites (“Submissions”). Submissions do not reflect the views of StartupTV and StartupTV has no obligation to monitor, edit, or review any Submissions on the Sites. StartupTV assumes NO responsibility or liability arising from the content of any such Submissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Submissions on the Sites. You are strictly prohibited from posting or transmitting any unlawful, threatening, harassing, libelous, defamatory, obscene, bigoted, hateful, scandalous, inflammatory, violent, vulgar, pornographic, profane or otherwise offensive material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, harm or can reasonably be expected to harm any person or entity, or otherwise violate any law. StartupTV will fully cooperate with any law enforcement authorities or court order requesting or directing StartupTV to disclose the identity of anyone posting any such information or materials.
By sending, posting or transmitting to StartupTV Submissions in any manner or by posting such Submissions to any area of the Sites, you grant StartupTV and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property and proprietary rights to use, reproduce, exhibit, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import or otherwise exploit such Submissions in any media and format now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. You agree not to enforce any moral, ancillary or similar rights in or to the Submissions against us or our licensees, distributors, agents, representatives and other users. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You must not transmit any Submission to or through the Sites or to StartupTV that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
By posting a Submission you represent and warrant (A) that you own or otherwise control all of the rights to your Submission, including without limitation, all copyrights; (B) that the content is accurate; (C) that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and (D) that you will indemnify, defend and hold harmless StartupTV and/or its subsidiaries, and each of our and their respective employees and officers, for any and all claims, demands, liability, loss or expenses (including attorney’s fees) resulting from any content, information and ratings, including without limitation, all Submissions you supply, provide or transmit to StartupTV or the Sites. StartupTV has the right, but not the obligation, to monitor and edit or remove any activity or content with or without prior notification to you.
StartupTV takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. StartupTV RESERVES THE RIGHT TO REMOVE ANY SUBMISSION, WITH OR WITHOUT NOTICE TO YOU, THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITES.
4. Purchasing Content or Subscriptions
You may choose to purchase merchandise, content, subscriptions or other products or services from merchants, apps, app stores, or platforms (collectively, “Merchants”) posted on or linked to through the Sites. Any terms, conditions, warranties, or representations from Merchants regarding purchases from Merchants are solely between you and the Merchant. StartupTV is not responsible for losses or damages of any kind resulting from such purchases and StartupTV makes no warranty or representation regarding purchases through any Merchant posted on or linked to through the Sites. In-app purchases through third-party app stores or marketplaces are governed by the terms of the third-party app store or marketplace.
5. Submission of Unsolicited Ideas
StartupTV does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, services, technologies or processes (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Sites or to StartupTV through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to StartupTV, including any concepts, know-how or ideas, you hereby grant StartupTV a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, exhibit, distribute, prepare derivative works of and display the User Ideas in connection with the Sites and StartupTV’ (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others. You further agree that, in connection with any submission of User Ideas to us, that no confidential or fiduciary relationship is intended or created between you and us in any way and that there is no expectation on your part of review, compensation or consideration of any type.
6. Modifications to the Sites and the Terms
StartupTV reserves the right, in its sole discretion, to change, terminate, supplement, modify, add to or discontinue any content, feature, or aspect of the Sites. StartupTV reserves the right to make changes to these Terms at any time. We will provide notification to you in advance of any material changes to these Terms becoming effective by posting a notification on the Sites. If you continue to access and/or use any of the Sites after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms any time you access or use the Sites, and we recommend that you print out a copy for your records.
7. Third-Party Sites and Platforms
The Sites may contain links to third-party websites or may be accessible through third-party platforms (for example, via one of our Smart TV apps). These third-party websites and platforms and the content on such third-party websites and platforms are not under the control of StartupTV. StartupTV is not responsible for the contents of any linked third-party website or any third-party platform or for any information, materials or any form of transmission received from any linked third-party site or third-party platform, nor is StartupTV responsible if the linked third-party site or third-party platform is not functioning properly. StartupTV provides these links and access via these platforms to you merely as a convenience, and the inclusion of any link or access via any platform does not imply endorsement by StartupTV of any third party, third-party website or third-party platform, or any association with the operators of such website or platform. You are responsible for viewing and abiding by the privacy statements and terms of use that apply to any third-party website or third-party platform and its contents.
Your network or roaming provider’s messaging, data and any other relevant rates and fees may apply when you access the Sites through a mobile network. Your network provider may prohibit or restrict downloading, installing or using certain Sites and not all Sites may work with your network provider or device.
Any dealings with third parties, such as advertisers, included within the Sites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. StartupTV is neither responsible nor liable for any part of such dealings or promotions.
8. Claims of Copyright Infringement
The Electronic Communications and Transactions Act of 2002 (ECTA), the Films and Publications Act (FPA) of 1996 as well as the Copyright Act of 1978 provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If you believe in good faith that materials hosted by StartupTV infringe your copyright (for example, materials posted by StartupTV on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked. Please see the requirements and specific instructions for submitting a notice to StartupTV on STARTUPTV’S COPYRIGHT POLICY. If you believe in good faith that a notice of copyright infringement has been wrongly filed by StartupTV against you, the ECTA permits you to send StartupTV a counter-notice. Please refer to StartupTV’s COPYRIGHT POLICY for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECTA; see WWW.JUSTICE.GOV.ZA for details. Notices and counter-notices with respect to the Sites should be sent to StartupTV’s Copyright Agent for Notice of claims of copyright infringement: By Telephone: +27(0)875107277, or By email: COPYRIGHT@STARTUPTV.CO.ZA (with the subject line: “ECTA Communication (from YOU)”).
StartupTV’ Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. ALL OTHER INQUIRIES DIRECTED TO STARTUPTV’S COPYRIGHT AGENT WILL NOT BE ANSWERED.
9. Digital Charges
The Sites may include download charges, in-app/game purchases and in-app/game subscriptions (collectively, “Digital Charges”). Digital Charges may be levied by StartupTV directly or a third-party platform. The digital goods provided by StartupTV in return for Digital Charges (“Digital Goods”) include only a limited license and right to be used as allowed by StartupTV in its sole discretion. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Digital Goods on and in the Sites, you agree that you have no right or title in or to any such Digital Goods. You agree that StartupTV or the third-party platform has the sole right to regulate, oversee, manage, control, modify, terminate, and/or eliminate Digital Charges and the associated Digital Goods from the Sites as it sees fit and in its sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT DIGITAL CHARGES MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF THE SITES IF, WHEN AND TO THE EXTENT ALLOWED BY StartupTV, IN ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ACCESS TO DIGITAL GOODS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THESE TERMS REGARDING SUCH DIGITAL GOODS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO REAL PROPERTY RIGHTS WITH RESPECT TO SUCH DIGITAL GOODS, ANY VIRTUAL PROPERTY RIGHTS WITH RESPECT TO SUCH DIGITAL GOODS, ANY RIGHT OF ACCESS TO SUCH VIRTUAL CURRENCY OR ANY RIGHT TO ANY DATA STORED BY OR ON BEHALF OF StartupTV.
10. Access by Children
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN OF A USER OF THE SITES WHO IS UNDER THE AGE OF 18, YOU CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, AND YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF AND ASSUME FULL RESPONSIBILITY FOR SUCH TEENAGER’S USE OF THE SITES.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. Pursuant to Protection of Personal Information Act Part C Section (34) and (35), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Sites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
11. Privacy/Security
StartupTV uses your personal information as set out in our PRIVACY NOTICE. By using our Sites, you acknowledge that you have read and understood our PRIVACY NOTICE.
Without limiting the terms of the PRIVACY NOTICE, you understand that we do not guarantee that your use of the Sites and/or the information provided by you will be private or secure, and to the fullest extent permitted by law we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Sites.
If you register for an account through a Site using stand-alone registration or social media logins, you are responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. If you have reason to believe that your username, password or other account information is no longer secure or you become aware of any other breach of security involving your account or the Site, you must: (i) promptly change your password by visiting the Sites or applicable social media site, and (ii) immediately notify us of the problem by emailing us at FEEDBACK@STARTUPTV.CO.ZA (with the subject line: “Account Security Issues”). You agree that the information you provide and maintain under your account, including your contact information and your payment information, is true, accurate, current and complete, and you agree not to impersonate or misrepresent your identity or your affiliation with any person or entity. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
You may not use anyone else’s user account at any time, and you may not allow anyone else to use your account at any time. You agree that StartupTV will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by StartupTV or another party due to someone else using your account information. Because of this, StartupTV strongly recommends that you exit from your account at the end of each session.
12. Termination
Your ability to access and use the Sites and Content will remain effective until terminated in accordance with the Terms. StartupTV may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. StartupTV reserves the right to refuse service to anyone and to remove Content for any reason whatsoever in its sole discretion.
You may terminate your account by sending a letter stating your intention to StartupTV, Attn: Digital Account Termination C/O Legal & Business Affairs, via email FEEDBACK@STARTUPTV.CO.ZA (with the subject line “Termination Request”). StartupTV may terminate and delete your account, in our sole discretion, if it has been inactive for a period of at least 12 months. Your account will be considered inactive if you do not log on to any Site using your username and password.
13. Disclaimers
THE SITES, THE CONTENT AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, StartupTV AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. STARTUPTV AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR ANY PART THEREOF INCLUDING THE CONTENT AND SUBMISSIONS), THE SERVER(S) ON WHICH THE SITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF STARTUPTV OR ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, MERCHANTS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITES, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY CONTENT AND SERVICES PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
NEITHER STARTUPTV NOR ANY OF OUR SUBSIDIARIES, LICENSORS, SUPPLIERS, MERCHANTS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE SITES AND/OR CONTENT CONTAINED ON THE SITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SITES, (B) YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SITES AND/OR CONTENT CONTAINED ON THE SITES, OR (C) ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN CONNECTION WITH THE SITES AND/OR CONTENT, IN EACH CASE (A) THROUGH (C), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STARTUPTV’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, CONTENT, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE SITES, CONTENT, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO StartupTV FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO STARTUPTV, IF ANY, TO ACCESS OR USE THE SITES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND STARTUPTV OR A REPRESENTATIVE OF STARTUPTV CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. Indemnification
You agree to indemnify, defend (at StartupTV’s sole option) and hold harmless StartupTV, our licensors, suppliers, merchants, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms; (b) any allegation that any Submission or other information you submit to us or transmit to the Sites or StartupTV infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Sites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
16. Notices and Contact Information
All notices required or permitted to be given under these Terms must be in writing and shall be given by email at FEEDBACK@STARTUPTV.CO.ZA, Attention: Digital Media Counsel, Legal & Business Affairs. Notices shall be deemed to have been received on the date of delivery.
If you have any questions, comments or complaints regarding the Sites, feel free to contact us at FEEDBACK@STARTUPTV.CO.ZA (with the subject line “Questions, Comments or Complaints”).
17. Miscellaneous
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and StartupTV relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with StartupTV’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and any failure by us to assert any right or provision under the Terms will not constitute a waiver of such right or provision. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. The provisions of the Terms which by their nature should survive termination of the Terms shall survive such termination. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. StartupTV’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of StartupTV’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by StartupTV with respect to such use.
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