ELECTRONIC MEDIA NETWORK LIMITED (“M-NET”) - Terms & Conditions

Before proceeding you must read, understand and agree to the following
statements regarding M-Net and the material within.
By agreeing to the following statements, you are confirming and consenting that:

• You will not use the material on this website outside the permissions mentioned within.
• You have read both our full term of use and our disclaimer and agree to be bound by them.

Terms

These Terms of Use apply to all those who access this website (the "Site").
Please read these Terms of Use carefully before accessing the Site as a non-registered or registered person. If you do not agree to these Terms of Use, then You SHOULD NOT continue and should navigate away from the Site immediately.

Acceptance of Membership Terms and Conditions

• These Terms and Conditions apply to all users of the Site, including users who contribute video content, information and other material on the Site.
• If you access, or register with the Site, you will be deemed to be legally bound by these Membership Terms and Conditions
• We reserve the right to change or update these Terms of Use from time to time (subject to Your termination right). Updates to these Terms of Use are notified to you via the last updated date that appears next to the link to them, which is displayed at the bottom of every page. You should review these regularly.
• You will not use the material on this website outside of the permissions mentioned within.
• The proprietors, (“M-Net”,"Us", "We", "Our"), of this website accept no responsibility or liability for any circumstance that may arise as a result of anything stated or inferred, in, or from, the content of the pages within this website or it's use.

Capacity to Accept the Terms and Conditions

• You confirm that you are either more than 18 years of age, or an emancipated minor, or possess parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, assertions, representations, and warranties set out herein, and to abide by and comply with these Terms and Conditions.   Should we suspect otherwise, We reserve Our right to suspend or terminate your Membership to this Site immediately without notifying you.

Password Member Name and Security

• Upon registration you will select a password and username that you can use to access your Member Account and Profile and to log on to the Members' areas of the Site. people using the Members' areas of the Site and will not be liable where your password or username are used by someone else. Any loss or any such use will be deemed to by you and you will be responsible, (and liable) for such use.
• You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' areas of the Site and will not be liable where your password or username are used by someone else. Any loss or any such use will be deemed to by you and you will be responsible, (and liable) for such use
• You agree to notify Us immediately of any unauthorised use of your password or nickname or any other breach of security of which you become aware.

Your Warranties

You warrant that:

• You will only use this Site for legal purposes .

User Submissions

M-Net may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, M-Net does not guarantee any confidentiality with respect to any submissions.

• You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that
• All information and details provided by you to Us, (including on registration as a Member), are true, accurate and up to date in all respects and at all times.
• You will comply with these Terms of Use including, without limitation, the restrictions relating to acceptable use as set out below

You agree to indemnify and hold M-Net, its parent company, affiliates, officers, directors, employees and agents harmless from any claims damages, obligations, losses, liabilities, costs and expenses (including any legal fees in relation to same) made by a third party in respect of any matter in relation to, or arising from, your use arising from any breach of these Terms of Use by you or your violation of any law or the rights of any third party. This indemnification will survive termination of this agreement and your use of this Site.

Acceptable Use

• We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site, including the Members' areas under normal circumstances, although we reserve the right to do so. We seek to balance this aim with Our obligations to other Members and the law. We therefore reserve the right to review all profiles entered onto the Site. We will also comply with and help, in relation to the Site, any enforcement agency or police request or complaints. We also therefore require that you do not:
  • Say, write, transmit or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
  • harass others;
  • advertise or promote third party or your own products or services including by way of the distribution of 'spam' mail;
  • use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language;
  • make insulting remarks to or about other users of the Site;
  • distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors or animals;
  • impersonate another person or user of the Site;
  • use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
  • access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures;
• We may take any or all of the following action at Our discretion:
  • remove any Member profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, subject Us to liability or such that may violate these Terms of Use or where required to do so by law;
  • issue members with written warnings and may take such further action as We deem appropriate under this paragraph if such warnings are not heeded;
  • suspend or terminate a Member's access to the members' areas of the Site or a Member's Account without notice at any time;
  • inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
  • bring legal action against a Member or other user of the Site in relation to any breach of these Terms of Use or any illegal or suspected illegal activity.

We will determine what action is appropriate to be taken against a Member on a case by case basis.

• You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by, or to, members without further notice to you.
• M-Net Site

This Site is operated in an open and honest fashion as a club for the benefit of the members. Anyone found to be acting in a manner deemed to be outside the spirit of the club or in any way against the interest of the club and its members will be removed. The Webmasters decision on this will be final and binding on members.

Copyright and Other Intellectual Property Rights

• Your use of the Site grants no rights to you in relation to copyright, trade marks or other intellectual property rights belonging to Us or the intellectual property rights of third parties.
• You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Limitation of Liability

• Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the Site will be available, uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.
• Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
• Save that nothing in this paragraph shall restrict Your statutory rights, all content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other users. We can not vet all Member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.
• Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
• We will not be liable for any damages, including indirect or consequential losses and whether in contract, delict (including negligence) or otherwise, arising in connection with any use by you or other users of the Site that is in contravention of these Terms of Use or is not directly attributable to Our negligence.
• Nothing in these Terms of Use shall exclude or limit Our liability for death or personal injury caused by Our gross negligence, (or that of our agents), or for fraud.

Security and Privacy

• Your security and those of all Our Members is very important to Us. Please read Our Privacy Policy for important information regarding the use of Your personal data and Your rights in relation to this.

General

• We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
• If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
• These Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa . Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa .

In connection with User Submissions, you further agree that you will not:

• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant M-Net all of the license rights granted herein;
• publish falsehoods or misrepresentations that could damage M-Net or any third party;
• submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially, religiously or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• post advertisements or solicitations of business;
• impersonate another person.

• You may not use this website to solicit business from any member for your own agency, co-operative or any other business activity whether advertised as being offered or not. This includes inviting members to join you etc.. If off topic emails are reported, they will be investigated and will most likely result in the deletion of the offending member's details. Off topic, unsolicited emails will not be tolerated.
• We will not enter in to correspondence in relation to moderated ratings. False ratings may result in both members being deleted.
• Links to executables dialers or other sites not related to the members profile will be removed and may result in immediate deactivation.
• All accessible pages, HTML, JavaScript and images, whilst not necessarily the property of the proprietors, may not be copied or linked to without prior permission. This excludes links to profiles as long as they are linked to using one of the URLs displayed at the bottom of each profile page.
• You must be fully entitled to upload all photos, movies and other content you upload on the Site
• The photos and movies you upload must feature you, have been filmed by you and/or legally belong to you. Movies or photos uploaded that have been obtained from other sources will not be accepted and will result in loss of credits. Movies or photos featuring children or animals will not be accepted and authorities will be informed.
• Premium rate phone numbers are not permitted in profiles, auto-responses or email signatures.
• Registering on this site will automatically opt you in for receiving periodical, topical emails and SMS messages to your phone. If you do not wish to receive any emails or SMS messages from the Site or it's agents do not register.
• Webcam providers may not list email addresses or IDs for Windows, MSN or Yahoo Messenger programmes in their profiles, auto-responses or signatures.
• Removing/deleting and re-uploading content that has previously been uploaded in an attempt to increase exposure to your profile is not permitted.
• All members are expected to operate in an open, fair and proper manner. Persons abusing the payment mechanisms or credits system, (which includes setting up false profiles and accruing credits fraudulently) or those found moving credits around between members for services that have not been delivered, (or services/galleries that have been set-up obviously to try and defraud other members or the system), will be subject to whatever action is deemed fit by us and will most likely result in deactivation and loss of credits accrued. It is not permitted to copy other people's profiles. Be original with your text. Anyone who has obviously copied text or images from another member's profile will be deactivated.
• Telephone numbers and Links/URLs to other websites are not permitted in Profiles. If you wish to show a phone number please use the 'show Mobile Number' or 'show Phone Chat Number' tick boxes in your Edit Profile Page. If you wish to display URLs, please use the Manage Links button within your Edit Profile Page. This condition of use applies to your Profile Summary Field, Details Field, Interview Responses; Picture and Movie titles and descriptions, and Email Auto-response.
• Email addresses may not be entered in your Profile Details, email auto-response or email signature. Please use the 'show Email Address' tick box next to your email address within your Edit Profile Page.
• Removing/deleting and re-uploading content that has previously been uploaded in an attempt to increase exposure to your profile is not permitted.
• Any textual information you enter on to, or exchange with the site or it's members via the site must be written in English or Afrikaans.
• Marketing & Promotions - We reserve the right, from time to time, to offer promotions in order to attract new members and to help build traffic. We reserve the right to offer limited free previews of private galleries and movies in any such marketing, promotion or campaign. Any content you have uploaded to this site will not be displayed on any other website by us. Should any of your uploaded content appear on other websites, you should pursue the issue with the website owner.
• The forms and input fields on this website may only be used for their intended and designed purpose. Anyone found to be misusing a form or entering information that specifically contradicts the purpose of the field or containing form, will be subject to whatever action is deemed fit by the webmaster and may result in closure of your profile and loss of associated credits.
• Your profile, email auto response and email signature may not be used to entice or encourage visitors to your own website in order to avail themselves of information that is made available on this website as part of a paid for service. Specifically, this refers to telephone numbers and IM email addresses or IDs, and will include other items as and when they become chargeable for display on this site.

Disclaimer

The members listed are totally independent of the Site owner and each other. personal blogs The proprietors of this website accept no responsibility or liability for any circumstance that may arise as a result of anything stated or inferred, in, or from, the content of the pages within this website or it's use.

Privacy policy

Privacy
We take the privacy rights of users of this Site very seriously and seek to ensure the highest standards of compliance with South African Data Protection Laws and Regulations. This Privacy Policy is incorporated in and subject to the Site Terms of Use. You expressly consent to the use of Your Data in accordance with this Privacy Policy.

1. Your Data
   1. "Your Data" means any information about You which is personally identifiable, including, without limitation, Your name, address, telephone number, email address, financial details, Member Name, Password, comments, profiles, personal descriptions, interview responses, photos and other information from which You can be identified and which You may disclose to Us or otherwise via the Site at any time.
2. When do We collect Your data?
   1. If You register as a Member, We collect Data when You
   2. Register as a Member;
   3. Update Your Member Profile, Settings, Preferences, Interview, Availability, and Registration Details
   4. send emails or add people to your Hot List.
   5. If You otherwise use the Site (whether or not You are a Member)We collect Your Data from You:
   6. When You make a complaint or enquiry or provide other feedback to Us;
   7. In monitoring Your communications sent via and use of the Site ensure and check compliance with the Terms and Conditions of Use or Membership Terms of Use or otherwise as required by law; and
   8. When You disclose Your Data to Us or otherwise through the Site at any other point.
   9. In an attempt to prevent fraudulent or abusive use of this website we do store the date and time of your visit and what IP Address you were accessing the Site from along with the browser you were using.
   10. Depending on the configuration of your browser, pages and images you view on this Site may be stored on your computer. This feature, (which you can configure), is called caching.
   11. All information you exchange with this website is accessible by its administrators.
3. How do We use Your Data:
   1. 3.1 1. We, amongst other things, use Your Data to:
      1. monitor, develop and improve the Site, Services and Your experience;
      2. process Your registration as a Member and to process and administer Your Membership (where appropriate);
      3. process and deal with any complaints or enquiries made by or about You;
      4. investigate any suspected breach of the Terms of Use or made by or otherwise relating to You and to monitor compliance including by way of using keyword triggers to investigate usage that may be inappropriate;
      5. deal with investigations by the police and/or regulatory bodies;
      6. comply with legal requirements.
4. Will we pass on Your Data to third parties?
   1. We may pass Your Data to other parties as follows:
      1. 1. Where relevant, Your Member Name and information you voluntarily provide in Your Member profile will be published on the Members' area of the Site and this will be the identity by which You are known on the Site. Where other Members wish to contact You, they will be able to identify You by Your Member Name and any other information You may yourself disclose via the Site.
      2. To Our employees, suppliers and agents to administer Your Membership and the services provided to You by Us or them, now or in the future.
      3. We may disclose Your Data to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms and Conditions of Use and (where appropriate) Membership Terms and Conditions by You or otherwise where required by law.
   2. We do not pass or sell Your Data to third persons for any other purpose than those set out in 4.1 above.
   3. 4.3 Always think carefully before disclosing Your Data or other information to other Members or otherwise posting Your Data on the Site. It is important that You are aware that any of Your Data or other information which You disclose to another Member may then be disclosed on the Site by that Member. As stated in the Terms and Conditions of Use, We have no responsibility or control over the contents of communications made between Members.
5. Data Security
   1. We endeavour to take all reasonable steps to protect Your Data. All the Data collected by Us is stored on a secure server in a secure hosting facility and we take reasonable steps to ensure all accesses are pre-authorised and recorded.
6. Cookies
   1. Cookies are small pieces of information stored by Your browser on Your computer's hard drive. We use cookies to allow Us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited, to determine the most popular areas of the Site and generally in order to monitor usage of the Site. Most web browsers automatically accept cookies, and a requirement of membership is being able to do so. We do not control the use of cookies by third parties. If You wish to disable cookies then You can do so by readjusting Your browser settings although please note that by disabling cookies You may not be able to register with or use all features of the Site.
   2. For more information on cookies and how to disable them, You can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
7. Access to and Updating Your Data
   1. Where You are a Member, You may access and update Your Data contained in Your Member Account accessed by the My Details link. You must make sure that You update Your Data as soon as possible with any and all relevant changes.
8. Other links
   1. Please be aware that the Site may link to other web sites that may be accessed by You through Our Site. We are not responsible for the data policies, content or security of these linked web sites. We do not have any control over the use to which third parties may put Your Data where You choose to purchase products or services or otherwise to contact them via this Site.
9. Transfer Outside South Africa
   1. This Site is accessible via the internet and therefore may potentially be accessed by anyone around the world. Other visitors may also be or access the Site from outside South Africa. This means that, where You post Your Data on the Site, this could be accessed from anywhere around the world and therefore a transfer of Your Data outside of South Africa You consent to such transfer of Your Data for and by way of this purpose.
10. Contact Us
    1. If You have any comments or queries in connection with Our privacy policy, please contact Us via the Site feedback page.