Media Manager Online: Open Edition
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- "Services": a computerised database of information and personnel contacts, software, products and other services delivered by websites, printed publications and other media, together with tools to display and use the information and integrate with the Users own proprietary word processing, fax and other programs on Users own computer hardware. The Services are updated and upgraded from time to time.
- "The Company": IBIS Media Data Services (Pty) Ltd, whose principal place of business is 208 Valbonne Drive, Beverley Estates, Sandton, South Africa, or its appointed staff or agents.
- "The User": a company or organisation or individual which accepts these Terms and Conditions of Use and is granted a licence to use the Services for an agreed monetary consideration.
- 'Content': information (such as information, rates, data files, written text, links, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are provided by persons and or companies from which such content originated. All such information is referred to Content.
- 'Content Provider': a company or organisation or individual who supplies Content for use in the Services, or a company, organisation or individual about whom the Company obtains information for use in the Content.
User's relationship with the Company.
- Your use of the Company's Services (excluding any services provided to you by the Company under a separate agreement) is subject to the terms of this legal agreement between you and the Company. This document explains how the agreement is made up, and sets out the terms of that agreement.
- Unless otherwise agreed in writing with the Company your agreement with the Company will always include, at a minimum, the terms and conditions set out in this document.
- Your agreement with the Company may also include the terms of any Legal Notices applicable specific parts of the Services. These are referred to as the ìAdditional Termsî. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- These Terms and Conditions, together with the Additional Terms, form a legally binding agreement between you and the Company in relation to your use of the Services.
- The Company may have subsidiaries and appointed agents. Sometimes these entities will provide the Services to you on behalf of the Company itself. You acknowledge and agree that subsidiaries and agents will be entitled to provide the Services to you under these same Terms and Conditions.
Accepting the Terms and Conditions
- In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions.
- You can accept the Terms and Conditions by:
- clicking to accept or agree to the Terms and Conditions, where this option is made available to you by the Company in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that the Company will treat your use of the Services as acceptance of the Terms and Conditions from that point onwards.
- You may not use the Services and may not accept the Terms and Conditions if
- (A) you are not of legal age to form a binding contract with the Company, or
- (B) you are a person barred from receiving the Services under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the Terms and Conditions for your records.
Provision of the Services by the Company
- You acknowledge and agree that provision of the service is 'as available' and the Company makes no guarantees as to the continuation of or reliability of the Services and its security.
- You acknowledge and agree that the Company makes no guarantees as to the deletion, corruption of or failure to store any Content created by a User and transmitted through your use of the Services.
- You acknowledge and agree that no advice or information whether through the Services or oral or written obtained by you from the Company shall create any warranty.
- The Company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Company provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that the Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at the Company's sole discretion, without prior notice to you.
- You acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while the Company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by the Company at any time, at the Company's discretion.
- You acknowledge and agree that for the provision of Service the Company will charge you or your company an agreed subscription fee. Only staff and/or computers granted a Password by the Company are licensed to access the Service:
- The Company reserves the right to withhold access to the Service/s where subscription payments are overdue.
Use of the Services by Users
- The Company provides you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by the Company as part of the Services as provided to you by the Company. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company in the manner permitted by the Terms.
- Unless the Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services or otherwise transfer any part of your rights to use the Services.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from South Africa or other relevant countries).
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the Company will be accurate, correct and up to date.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You acknowledge the provisions of the Electronic Communications and Transactions Act of 2002, dealing in unsolicited electronic communications. This act makes provision for a fine of up to 12 months imprisonment for persons found to be "spamming". Users therefore confirm that they will be using The Services in a legal manner.
- You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
User Passwords and account security
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your access to the Services.
- Accordingly, you agree that you will be solely responsible to the Company for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately.
- You acknowledge and agree that the Company will not be held liable to any third party for any consequential direct or indirect loss arising from the use or deletion of passwords or access to Content or Content created by Users.
Privacy and your personal information
- You agree to the use of your data in accordance with the Company's privacy policies.
Content in the Services
- You agree that the Services, its Content and tools is provided "as is", with all its errors, faolts and inaccuracies. You bear the entire risk as to selecting the Services for your purposes and as to its quality and performance.
- You agree that the Company will not be held liable to you or any third party for any inaccuracies in either the Content or tools, or for any consequential direct or indirect loss arising from the use of the Content or its interpretation.
- You agree that the Company is under no obligation to correct defects in the Content or functionality of the Services howsoever caused.
- You understand that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to the Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that content, in a separate agreement.
- You understand that the Company has reserved the right (but is under no obligation) to pre-screen, review, flag, filter, edit and modify, refuse or remove any or all Content from any Service.
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by the Company are subject to change without specific notice to you. You agree that the Company may place such advertising on the Services
- The Services may include hyperlinks to other web sites or content or resources. The Company has no control over any web sites or resources which are provided by Content Providers. You acknowledge and agree that the Company is not responsible for the availability or content of any such external sites or resources.
- You acknowledge and agree that the Company own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain Content which is designated confidential by the Company and that you shall not disclose such information without the Company's prior written consent.
- Unless you have agreed otherwise in writing with the Company, nothing in the Terms gives you a right to use any of the Company's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- If you have been given an explicit right to use any of these brand features in a separate written agreement with the Company, then you agree that your use of such features shall be in compliance with that agreement.
- You agree to hold Content and knowledge held in the Services in the strictest of confidence and to release it only to employees requiring such information and not to disclose it to any other party, save as specified in clause 5.6 following.
- Users who are Public Relations Consultants or Advertising Agents are permitted to use the information and knowledge on behalf of their bone fide clients providing they acknowledge the source, and that they impose upon such clients the conditions relating to Subscribers as contained in clause 5.5 above.
- You agree that all Content and knowledge is the sole property of the Company and may be sold or rented by the Company to any User.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Company, in writing.
Users Term of Contract with the Company
- Your agreement wth the Company will commence on an agreed commencement date and will continue in force for an initial period of 1 (one) year or by agreement. At the end of the initial period the agreement will continue in force until termination as described in clause 10.3.
- In addition to any rights of termination which either party may have at common law, this agreement may be terminated if the other party commits a breach of any of the terms of this agreement, or have acted in manner which clearly shows no intention to, or an inability to comply with the provisions of the Terms and Conditions, and fails to rectify the breach within 14 (fourteen) days of receipt of written notice specifying the breach.
- Not withstanding any breach of the terms of this agreement the Company or the User may terminate this agreement at any point after the initial period by giving 1 (one) months calendar notice to the other party.
- If you want to terminate your agreement with the Company you may do so by notifying the Company in writing to the address which is set out at the beginning of these Terms.
- Upon termination of this agreement for any reason whatsoever and in addition to the rights granted to it herein, the Company will be entitled, without prejudice to its other rights at law, to instruct its staff to remove and destroy all passwords and information a User creates and stores in the Services.
Content from Content Providers
- Content Providers retain copyright and any other rights to Content provided to the Company.
- By submitting, posting or displaying the content Content Providers give the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which is provided through the Services. This license is for the sole purpose of enabling the Company to display, distribute and promote the Services to its Users.
- Content Providers agree that this license includes a right for the Company to make such Content available to any other company, organisation or individual with whom the Company has a relationship and to use such Content in connection with the provision of Services.
- Content Providers understand that the Company, in performing the steps to provide the Services to Users, may (a) transmit or distribute Content over various public networks and in various media; and (b) make such changes to Content as are necessary to conform and adapt that Content to the technical requirements the Company and of connecting networks, devices, services or media. You agree that this license shall permit the Company to take these actions.
- Content Providers understand that the Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, edit, refuse or remove any or all Content from any Service.
- Content Providers warrant to the Company that they have all the rights, power and authority necessary to grant the above license.
- Content Providers acknowledge and agree that the Company makes no guarantees as to the existence, completeness or accuracy of the Content on Services or its supply to any, all or specified Users and their interpretation of such Content.
- You agree that this agreement will be governed by the laws of the Republic of South Africa.
- You agree that your address set out in the Company's invoice to you shall be your domicilium citandi et executandi for all purposes under these Terms and Conditions.
- You acknowledge that the Company's address set out in 1.2 above shall be the Company's domicilium citandi et executandi for all purposes under these Terms and Conditions.
- The Company may make changes to the Terms and Conditions from time to time. When these changes are made, the Company will display a new copy of on the Company's website. Any new Additional Terms will be made available to you from within, or through, the affected Services.
- You understand and agree that if you use the Services after the date on which the Terms and Conditions have changed,the Company will treat your use as acceptance of the updated Terms and Conditions.
- Sometimes when you use the Services, you may use a service or download a piece of software which are provided by another person or company. Your use of these other services or software may be subject to separate terms between you and the company or person concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
- The Terms constitute the whole legal agreement between you and the Company and govern your use of the Services (but excluding any services which the Company may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Company in relation to the Services.
- You agree that the Company may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Services.
- You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company's rights and that those rights or remedies will still be available.
- Should any dispute arise between the parties in connection with the interpretation or application of the provisions of these Terms and Conditions or its breach or termination or the validity of any documents furnished by the parties pursuant to the provisions of this agreement, that dispute will, unless resolved amongst the parties, be referred to and be determined by arbitration.