Terms

YOUR 15 SECONDS TO FAME
TERMS & CONDITIONS
Terms and Conditions applicable to this web/wap site

By accessing any pages on this web/wap site the user (also referred to as you and or your) agrees to the following terms and conditions.
You may only use access this web /wap site if you are 16 years or older. If you are under 18 years then you require the consent of your guardian. By continuing to use access this site you warrant that you are 16 years or older or that you have your guardians permission.

1. DISCLAIMER

1.1 Whilst every effort has been made by The GRID (hereinafter referred to as we, our and or us) to ensure the proper performance of this web/wap site, we do not guarantee the availability of services, content and information offered on this web/wap site (the Services) or the accuracy of the Services.
1.2 We make no representations or warranties, whether express or implied, and we assume no liability or responsibility for the proper performance of this web/wap site and or the Services and the Services and or this web/wap site are thus used at your own risk. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, and secure or error free.
1.3 We will not entertain requests for exchanges, returns and or refunds.
1.4 This site may contain hyper-links to third party sites. We are not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk. 

2. INDEMNIFICATION

You indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the provision by you of User generated content (as defined below) and or the failure or delay in the performance of the Services offered on this web/wap site, or the use of the Services, information and or images available on this web/wap site, whether due to our negligence or not.

3. USE OF SERVICES

3.1 You may only use the Services for lawful purposes and you warrant that you shall not:
3.1.1 use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;
3.1.2 Use the Services for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail;
3.1.3 Store on your computer or print copies of extracts from this web/wap site, other than for your personal and non-commercial use; 
3.1.4 Mirror or cache information provided via this web/wap site on your own server, other than for your personal and non-commercial use; 
3.1.5 Copy, adapt, modify or re-use the text or graphics from this web/wap site other than for your personal and non-commercial use;
3.1.6 Collect or harvest any personally identifiable information, including account names, from the web/wap site.
3.2 In order to access some features of the Service you will have to create an account. You may not use any other persons account without their permission. You must provide accurate and complete information when creating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You warrant that no other person shall use the Services utilising your password, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Services is obtained using your password and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others losses due to such unauthorized use. 

4. PRIVACY STATEMENT

4.1 Vodacom and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate our commitment, Vodacom has created this Privacy Policy in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
4.2 What type of information is Vodacom collecting, and what do we use it for?
For the purpose of business communications, administration and transacting, improving the Services, creating products or services that may meet your future requirements and/or delivering targeted advertising to you within Vodacom's various current and future web and wap portals, we may collect and use personal information, which may include (but not be limited to): 
Your name, address, telephone number, e-mail and/or account details, location, home language, gender, date of birth, age, handset type, ARPU, whether you are a post or pre-paid customer and type of services you typically access.
Vodacom will not collect, store, process, transmit or otherwise handle private information for any other purpose.
4.3 Will Vodacom disclose any of my personal information?
Vodacom does not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, For example, we may disclose your data to a credit card company to obtain payment for a purchase you initiated. It may also be necessary to pass on your data to a supplier who will deliver the product on order. In addition, Vodacom may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws. Vodacom will not sell your personal information to third parties unless you give us your specific permission to do so.
4.4 What about the security of my personal data?
Vodacom have implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. Please note that Vodacom cannot be responsible for the privacy policies and practices of other web sites you may access using links from this website. We recommend that you check the policy of each site you visit and that you contact that specific organisation if you have any concerns or questions. Please be aware that Internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching our web site. Vodacom therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.
4.5 The use of Cookies
We may store some information (commonly known as a "cookie") on your computer when you visit our web site. This enables Vodacom to recognise you during subsequent visits. The type of information gathered is non-personal (such as: the IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, Vodacom may also use this data in aggregate form to develop customised services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This will however cause certain features of the web site not to be accessible.
4.6 Amendments to this Privacy Statement 
Vodacom reserves the right to amend or modify this Privacy Statement at any time.
4.7 Whilst your name and e-mail address which is supplied to us when registering for the Services will not automatically be made available to the recipient of your SMS, we nevertheless are able to trace the source of an SMS, and such information will be made available to the authorities if required by law.
4.8 Monitoring or recording of your calls, e-mails or SMS's may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Services. However, in these situations, we will not disclose information that could be used to personally identify you.

4. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that we own the intellectual property rights in and to this website, and all Services contained herein (except for User generated content as defined below) and that the unauthorised use thereof is expressly prohibited. The word or mark The GRID however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are our trademarks.

5. USER GENERATED CONTENT - GRIDSTAR

Accessing the site
1.    You acknowledge that by providing you with the ability to access and view content on this site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any content or activities of users on this site. Without limiting the generality of the foregoing, materials and opinions expressed or included in any content on this site are not necessarily those of ours or our affiliated or related entities or authorised representatives or content providers.
2.    You shall immediately notify us in writing of any content appearing on this site that violates these terms. We will make reasonable efforts to investigate such allegations but (a) we make no warranty to you that we will edit, remove, or continue to permit the display of any content, whether or not subject to such allegations, and (b) we  will have no liability whatsoever for editing, removing, or continuing to permit the display of any content whatsoever.
3.    We retain the right and discretion to terminate your access to this site if we believe you have breached these terms and conditions.
Uploading content to the site
1.    By submitting content to this site you hereby grant, or warrant that the rights holder of, any content that you submit has expressly granted us (and our authorised representatives) a worldwide, royalty free, perpetual, irrevocable, exclusive right to use, reproduce, modify, adapt, publish, share, translate, distribute, exploit, sub-licence and prepare derivative works of such content (in whole or in part) and or to incorporate it in other works in any form, media or technology now known or hereinafter developed, without compensation, restrictions of use, acknowledgement of source, accountability or liability. 
2.    You are solely responsible for ensuring that any content that you upload to this site does not, and will not violate the rights of any third party, and you are liable to clear the rights in respect of any such content. Accordingly you agree to indemnify and hold us harmless from and against all claims and expenses arising out of any alleged or actual infringement of any persons rights.
3.    We do not have any obligation to review and or upload any content that you submit. We are not in any manner responsible for any such content. We do not guarantee the accuracy, integrity or quality of the content. We will take reasonable steps but cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable content will not appear on this site. 
4.    Notwithstanding any other provision of these terms we have the absolute right to monitor and moderate content uploaded to this site in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such content, in whole or in part, for any reason or for no reason, and to disclose such content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any content that you upload or attempt to upload.
5.    You must not upload content which: 
5.1 Is not original work in which you own the copyright or have the rights to, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trade mark, intellectual property rights or any other rights of another person; 
5.2 Encourages or advises anyone about how to break the law or infringe the rights of another person; 
5.3 Is obscene, offensive, pornographic, vulgar, profane, indecent or otherwise illegal; 
5.4 You know or suspect to be incorrect, false or deceptive; 
5.5 Is defamatory of any person; or 
5.6 Is likely to offend, insult or humiliate others. 
6.    It is a condition of uploading content to this site that you make yourself available to participate in any competitions that we may run and you agree to and sign all applicable release forms and abide by the terms and conditions of such release forms and the rules, regulations, terms and conditions as devised from time to time by us. We may request any person who uploads content to participate in any online interactive activity relating to the content, video recording of performances for future use in promotions, screenings, etc. including without limitation recordings, interviews and participation in appearances, promotional, publicity, sponsorship and merchandising activities.
7.    It is a condition of uploading content to this site that any person that uploads content has not entered into any contractual, commercial, sponsorship or other arrangements in respect of thereof or in respect of his her name, likeness, image or biography which might be in breach of any of the release forms or these terms.
8.    In the event that you upload content to this site as a result of which we (or our authorised representative) identify you as having potential talent, then we (or our authorised representative) shall have the sole right (but shall not be obliged) to: 
8.1 Commission (and pay for) you to create the same, similar and or additional sound recordings and or still or moving images (as well as similar, associated and related rights) for which you shall be entitled to a reasonable royalty as determined in accordance with industry standards but not exceeding 10%; and or
8.2 Take assignment from you of the copyright in, or (at our discretion) procure a perpetual licence from you to use, additional compilations composed by you and or otherwise exploit such compilations, in consideration for which a reasonable royalty shall be paid to you, as determined in accordance with industry standards but not exceeding 25%; and or
8.3 Generally manage and represent you in respect of any additional compilations created by you and or sound recordings and or still or moving images performed by you, for a reasonable period of time (not exceeding 5 years) in consideration for which we shall be entitled to a reasonable royalty, as determined in accordance with industry standards but not less than 25% of the income that accrues you pursuant to such performances and or compositions.
9.    You hereby warrant that you have not granted, and shall not grant, any other person the rights that you have granted us in clause 8 above.
General
1.    We reserve the absolute right to co-operate fully with all relevant third parties, competent law enforcement agencies and regulators including disclosing to them, without notice to you, any information we may have about you insofar as it is deemed by them to be relevant to their responsibilities, jurisdiction, investigations or enquiries.
2.    By accessing this site and or uploading content you agree that we may send you marketing and or promotional material from time to time.

6 TERMINATIONS AND VARIATION

We reserve the right to alter, restrict and or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and or the prices at which the Services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.

7 GENERAL

7.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
7.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
7.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
7.4 These terms and conditions, as varied by us from time to time, above constitute the sole agreement between you and us.

8 IDOLS

Intellectual Property:
The contents and materials of this site, including, without limitation, any computer programs, software, icons, text, links graphics, images, sound clips or files, audio-visuals (including footage of Idols or any related event filmed via webcams, or other technologies whether now known or hereafter invented, by broadcasting, streaming or diffusion), trade names, logos, trade marks and service marks are protected by law, including, without limitation, copyright, patent and trade mark law, and are the property of Electronic Media Network Limited (M-NET), M-Web Business Solutions and Oracle Airtime Sales (PTY) Ltd. (hereafter referred to as "the Group") and/or third parties. Any unauthorised use, including, without limitation, reproducing in any manner or form, framing, linking, performing, broadcasting, transmitting in a diffusion service (including the Internet), adapting or modifying, letting, offering or exposing for hire or by way of trade a copy of, distributing and/or communicating or making available to the public by wire or wireless means, the contents or materials, or an adaptation of such contents or materials on this site is prohibited.
General Disclaimer for site usage:
Any person who accesses, uses, participates in or relies on this site or on information, products, services, events or competitions contained in or available on this site does so entirely at their own risk. Electronic Media Network Limited (M-NET), M-Web Business Solutions and Oracle Airtime Sales (PTY) Ltd. (hereafter referred to as "the Group") accepts no liability whatsoever in relation to, and you hereby indemnify M-Net against, any loss, expense, claim or damage, whether direct, indirect, special or consequential, arising from any information, material or content contained in this site or any linked sites, your use of or reliance on this site or any information, material or content contained therein, or any actions or transactions resulting there from, even if M-Net has been advised of the possibility of such loss, expense, claim or damage. M-Net accepts no liability whatsoever in relation to, and you hereby indemnify M-Net against, any loss, expense, claim or damage, whether direct or indirect, special or consequential, arising from any modification, suspension or removal of any inform information, material or content contained in this site or any linked site. M-Net makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this site or as to the accuracy, completeness or reliability of any information on this site. M-Net also makes no warranty or representation, whether express or implied, that the products, information or files available on this site are free of viruses, worms, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, worms, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. M-Net does not accept any responsibility for any errors or omissions on this site. Any of the information, products, services, events or competitions on this site may be changed by M-Net without notice. Despite the fact that this site may refer to and/or provide links to other sites, your use of such other sites is entirely at your own risk and M-Net is not responsible for any loss, expense, claim or damage, whether direct, indirect, special or consequential, arising from your use of such other sites. It should be noted that the use of different parts of this site may be subject to additional terms and conditions as indicated on that part of the site. Different products, services, events or competitions offered, provided or held by M-Net may also be subject to further terms and conditions and your use of these products, services, events or competitions will also be subject to the terms and conditions governing the relevant products, services, events or competitions. No licence to the user is implied in these disclaimers. Use of this site and the related products, services, events or competitions shall be governed by the laws of the Republic of South Africa. By using this site you acknowledge and agree to this disclaimer.