Welcome to foxafrica.com, which is operated by The Walt Disney Company Africa Proprietary Limited, having its seat at 16 Fricker road, Illovo, South Africa, 2196 (“Company” or “we”). The services Company provides on foxtv.co.uk include any FOX-branded URL (the "FOX Website"), video services, mobile services, and any other features, content, or applications offered from time to time by Company in connection with Company’s business (collectively, the "Company Services").
Company furnishes foxafrica.com and the Company Services for your personal enjoyment and entertainment. By visiting foxafrica.com (whether or not you are a registered member) or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on foxtv.co.uk. All material modifications will apply prospectively only. Your continued use of the foxafrica.com or the Company Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Site and the Company Services immediately.
Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).
Eligibility for foxafrica.com Registration and Account Security
Use of the Company Services is limited to users aged 16 years and above. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the Company Services. You may terminate your subscription to the Company Services at any time, for any reason, by following the unsubscribe button on the homepage or by following the unsubscribe instructions in the newsletter. Company may terminate your access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your access to the Company Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
You acknowledge that Company reserves the right to charge subscription fees for any portion of the Company Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your subscription in the event you do not wish to pay the modified fee. If you continue to use the Company Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If Company suspends or terminates your access to the Company Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing foxafrica.com Services or Products
Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Payment Provider. In such cases the Processor remains liable for all such orders. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Payment Provider experiences an incident that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such incident.
The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Payment Provider.
The Company Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Company Services. Company hereby grants you a limited, revocable, nonsublicensable licence to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Company Services. The Company Services may also contain Content of users and other Company licensors. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Company Services.
Except as explicitly and expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
Your Use of Company Services
The Company Services are offered for your personal use only and may not be used for commercial purposes. Company reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Company Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the Company Services. You understand that Company does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Company assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Company Services, please report this immediately to the Company by visiting www.foxafrica.com/contact. The Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. If at any time, the Company chooses in its sole discretion to monitor the Company Services, the Company nonetheless assumes no responsibility for Content other than Company Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the Company Services to:
• Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
• Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
• Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
• Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company £30 for each actual or intended recipient of such communication;
• Solicit, collect or request any personal information for commercial or unlawful purposes;
• Post, upload or otherwise transmit an image or video of another person without that person’s consent;
• Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company’s prior written consent;
• Use the Company Services to advertise or promote competing services;
• Use the Company Services in a manner inconsistent with any and all Applicable Law;
• Attempt, facilitate or encourage others to do any of the foregoing.
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
Your Proprietary Rights
Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Company Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by Company or any Affiliated Company. By posting any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Company Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Company‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Company Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Company Services, or otherwise have the right to grant the licence set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Company Services and any Third Party Services (as defined below) does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Company Services or Third Party Services.
Copyrights and Other Intellectual Property
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has a policy of terminating repeat infringers’ access to the Company Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright please send Company's Copyright Agent (see below) notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can be reached as follows: By post addressed to Legal Team, The Walt Disney Company Africa Proprietary Limited, 16 Fricker road, Illovo, South Africa, 2196
Third Party Links and Services
If you are interested in creating hypertext links to foxafrica.com, you must contact Company at The Walt Disney Company Africa Proprietary Limited, 16 Fricker road, Illovo, South Africa, 2196 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of foxafrica.com or Company, including its respective employees, agents, directors, officers or shareholders.
You are solely responsible for your interactions with other Company users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any way with these disputes.
The Company Services are provided "AS-IS" and “as available” and Company does not guarantee or promise any specific results from use of the Company Services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Company Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Company Services, problems or technical malfunction in connection with use of the Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Company Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Company Services, or the conduct of any users of the Company Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.
Limitation on Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES (DIRECT OR INDIRECT) ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT COMPANY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.
The Agreement will be governed by, and construed in accordance with, the laws of the England, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the Courts of England and Wales to resolve any dispute arising out of the Agreement or the Company Services.
You agree to indemnify and hold Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of foxafrica.com or the Company Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Company Services.
Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company's policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Company via the Company Services (including but not limited to any public forum), however, such submissions and copyright may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit (see also "Your Proprietary Rights" above). You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: The Walt Disney Company Africa Proprietary Limited, 16 Fricker road, Illovo, South Africa, 2196 with any questions regarding this Agreement.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.