This document governs the relationship between you and MTV when you use our online services.

TERMS OF SERVICE


We provide our online services to you subject to the following terms and conditions. You must read these terms and conditions before using the online services. By using the online services you agree to be bound by the terms and conditions set out below, which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any further guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the online services.

1 DEFINITIONS


"Contract" means this agreement "Information" means all material delivered by us through the Website; "Registration Form" means the form you must complete in order to receive newsletters, participate in any MTV online competition and/or register on the Website for any other reason; "Registration Information" means all personally identifiable information collected by us when a user registers on the Website and/or participates in any MTV online competition and/or registers for any other reason; "Service" means the provision by us to you of access to the Information through this Website; "we", "us", "our" means MTV Networks Africa (Pty) Limited (“MTVNA”) of 1 Saxon Road Hyde Park Johannesburg South Africa; "Website" means the websites and online services situated at www.mtvbase.com "you", "your" "yourself", means you, the Service end-user.

2 REGISTRATION, PASSWORD, SECURITY AND USE


To sign up to receive newsletters and to access all areas of the Website, you must be at least 16 years of age and complete the online registration process by clicking on the "Register" button and providing us with true, accurate, current and complete information about yourself (as prompted by the Registration Form). You will need to submit various details including your name and email address and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 2. If you provide any information that is untrue, inaccurate, or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Website and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

3 DISCLAIMER OF WARRANTIES


The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose. You acknowledge that:

(a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so;

(b) faults may lead to temporary unavailability of the Service;

(c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and

(d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks. You further acknowledge that some of the Information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such Information.

We will not be liable to you for failures, defects or delays in the Service in any circumstances, including without limitation where:

(a) you have provided incorrect information in connection with the Service;

(b) you accidentally erase an element of the Service provided to you; or

(c) you fail to comply with the instructions for use of the Service as explained by us.

4 LIMITATION OF LIABILITY


You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Service or Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

5 RIGHTS GRANTED/ RIGHTS RESERVED


We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one (1) computer hard drive for such purposes. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, whilst you continue to retain ownership of such material and may continue to use the content outside the Website, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free license to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information. We reserve the right at our discretion and without any obligation to remove, delete, modify, edit , exploit or otherwise deal at our discretion with any material or content uploaded, or otherwise submitted by you to the Website including without limitation video, audio, still photographs and artwork, links, embedded content, data, information, software, text and personal information. All rights not expressly granted are reserved to us.

6 USER CONDUCT


We provide the Service to you solely for your personal, private use. You undertake not to use the Service:

(a) for any unlawful purpose;

(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;

(c) in any way that may damage or disrupt another user's computer;

(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;

(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;

(g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);

(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;

(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an MTV employee, manager, host or another user; or

(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages. Notwithstanding this, we do not control the content posted by you or other users of the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check Information and content on the Website for viruses, we recommend that you run anti-virus programs on any Information and/or content obtained via the Service. Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service. You acknowledge that we have the right (but not the obligation) to refuse access to or remove any content made available via the Service. As part of our service to you we provide various message board, chatroom, weblog, profile pages and other message and communication facilities (the "Service") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and content with other users and/or with us and these are referred to as a "Post" or "Posting.". If a Posting originates from you or your User ID, you hereby agree that:

(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorise MTVNA and affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting MTVNA and affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;

(b) You are the sole and exclusive creator, author and owner of your Posting, and no one else has any right in or to your Posting;

7. POSTINGS


MTVNA names, images and logos, and any names, images and logos of any third parties, and their products and services are proprietary marks of MTVNA or the respective third party. Nothing contained herein shall be construed as conferring impliedly or otherwise any license or right under any trade mark or patent of MTVNA, its associated companies or any other third party. All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of MTVNA or MTVNA licensors. In accessing the Website, you agree that you do so only for your own personal, non-commercial use. You may not, nor may you agree to permit or assist in any way any third party to, copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without MTVNA’s prior written permission.

8 USER GENERATED CONTENT


Submission and uploading of all content including without limitation, photos, artwork, video, audio files and postings onto the Website, and websites owned and operated by organisations and individuals with which MTVNA has entered into an agreement regarding upload of content is subject to the MTV Content Submission Conditions.

9 PARENTAL RESPONSIBILITY


We are concerned about the safety and well being of all our users, but children in particular. Parents who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of the Website are suitable for your child.

10 INDEMNIFICATION


You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature and content of Information and programs transmitted or received by you or others who use the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.

11 INTELLECTUAL PROPERTY


You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service, Information and the Website shall remain vested in us or our licensors.

12 SUSPENSION AND TERMINATION


We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.

13 COMPETITIONS


When entering a specific competition we will alert you to any particular rules and/or restrictions applicable to that competition. Please click here and ensure that you read our general competition rules which apply to all of our competitions in the absence of any specific rules to a competition.

14 USER PRIVACY


If you want to amend your Registration Information or add or remove your name from an SMS, newsletter or other distribution list (which you have subscribed to on the Website), you can click on the "Update Profile" link when logged in on the Website and amend your profile accordingly. If you want to remove all of your information from our database, you may do so by sending an email to info@mtvbase.com specifying your name, email address and telephone number. Our Privacy Policy contains further information on our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing the Service. Additionally, you may ask questions about privacy issues by sending an email.

15 MTV MOBILE SERVICES


Click here for information on our mobile services and additional terms and conditions applicable when users interact with us via mobile devices/SMS (for example, when entering competitions or registering a vote).

16. COMPLAINTS AND TAKE DOWN


If you wish to make a complaint about the Website or if you think your intellectual property or other rights have been infringed on the Website or other MTV services, you give us full details by sending an email to info@mtvbase.com

17 OTHER WEBSITES


This Website may contain links to other websites which are not controlled by us. This Contract only applies to your use of this Website and the Service and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.

18 CHANGES TO THIS CONTRACT AND THE SERVICE


We reserve the right to change the terms and conditions of this Contract from time to time and your continued use of the Service following such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.

19 SEVERABILITY


Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

20 NO WAIVER


No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

21 CHOICE OF LAW AND JURISDICTION


This Contract shall be governed by South African law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the South African courts.


These Website Terms and Conditions were last updated on August 19, 2008


This document governs the relationship between you and MTV when you use any of our mobile/SMS/WAP Site services.

MOBILE TERMS & CONDITIONS:


MTV'S MOBILE/SMS/WAP SERVICE


We provide our mobile/SMS/WAP Site services to you subject to the following terms and conditions. You must read these terms and conditions before using the mobile/SMS/WAP Site services. By using the mobile/SMS/WAP Site services you agree to be bound by these terms and conditions. In addition, when using particular services such as playing games or entering competitions by means of mobile/SMS or the WAP Site, you shall be subject to any further guidelines and rules applicable to such service which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the mobile/SMS/WAP Site services.

1 DEFINITIONS


"Contract" means this agreement; "Distributor" means any Network Operator, aggregator or other third party that may provide the Service to you or bill you for the Service on our behalf;

"Information" means all material delivered by us through our mobile and/or SMS and/or WAP Site services;

"Network Operator" means a mobile telephone network operator;

"Service(s)" means any or all of the mobile/SMS/WAP Site services provided by us (whether alone or in conjunction with your Network Operator);

"we", "us", "our" means MTV Networks Africa (Pty) Limited (“MTVNA”) of 1 Saxon Road Hyde Park Johannesburg, South Africa;

"you", "your", "yourself" means you, the service end user; and "WAP Site" means the WAP site accessed via a mobile device.

2 COST


2.1 We (or the relevant Distributor) will always notify you of the likely charge for using a Service. For example, when entering a competition, purchasing a game or voting via mobile/SMS or the WAP Site, the programme on which the competition/vote was featured or the relevant section of the WAP Site will inform you of the price of registering your vote/entry or the cost of purchasing the game. However, your Network Operator may also charge an additional standard messaging fee for any SMS sent / received by you or a browsing and/or downloading fee for your use of the WAP site. Please consult your Network Operator for further details of these standard costs.

2.2 When you download Information for a fee from the WAP Site, the Distributor that is responsible for billing you for the Service may charge you a minimum transaction fee that may exceed the cost of the Information that you are downloading. The excess charge will be held by the Distributor as credit that you can redeem against future downloads from the WAP Site. Such credit is only available for your use for one hundred and eighty (180) days, after which time it will be removed from the Distributor's database.

2.3 Charges for the relevant Service will be deducted from your available credit time if you are a pre-pay customer or will appear on your monthly statement if you are a pay monthly customer. You must always obtain the permission of the person paying the bill for the relevant mobile device before using any Service.

3 REVERSE BILLED PREMIUM RATE SERVICES


3.1 Part of the Service(s) provided by us to you may include reverse billed premium rate SMS services. These services operate by delivering content to mobile devices for a charge. Users subscribe to a Service and are charged at the standard messaging cost of the relevant Network Operator for such message. Users will then receive the requested content, and are charged by us for the delivery of such content at a premium rate. The primary cost of the Service to users is incurred not when users send the message to subscribe to the Service, but when we send the user the requested content in return. Consequently, these services are known as reverse billed premium rate services. Such premium rate services are charged per message and not per minute.

3.2 Where we use reverse billed premium rate services we will notify you of the likely charge for receiving such content/message from us. The charge will be between a specified price range depending on your Network Operator and the Network Operator may also charge an additional standard messaging cost. Please consult your Network Operator for further details of its standard messaging costs.

3.3 When requesting a Service via SMS message, the return SMS message will usually give you details of how to withdraw from that particular Service. The withdrawal message will be charged at your Network Operator's standard messaging rates. For further information on any of our Services, including reverse billed premium rate services, email us at info@mtvbase.com  

4 DISCLAIMER OF WARRANTIES/PROMISES


4.1 We, as a service provider, contract with Distributors for facilities to enable the provision and billing of the Service(s) to you. 4.2 As such, components of the Service(s) are supplied to us and/or to you directly by third parties and we can make no promises, express or implied as to such elements of the Service(s), including without limitation, its accuracy, relevance or quality. The Service(s) are subject to the limitations of the enabling technology on which they rely and may be adversely affected by network performance and other technological or operational factors beyond our control such as congestion, network coverage, dropped connections and the performance of your mobile device.

4.2 In relation to those components of the Service(s) under our control, we will always seek to uphold the rights that you are entitled to at law including your right to receive a satisfactory service from us and we will seek to correct any errors or omissions that are brought to our attention. Other than in respect of these rights, the Service(s) are provided on an "as is" or "as available" basis and we make no promises or representations, whether express or implied, in relation to the Service(s), including but not limited to implied promises or conditions of completeness and accuracy.

4.3 Where the Service(s) are provided to you directly by a Distributor, the take up and use of these Service(s) by you may be subject to the Distributors own terms and conditions. However, you will remain bound by these terms and conditions to us where applicable and in the event of a conflict between the Network Operator's terms and conditions and these terms and conditions, these terms and conditions shall prevail.

4.4 You acknowledge that subject to 4.2 above: (a) it is technically impossible to provide the Services free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of one (1) or more of the Services; (c) the results that may be obtained from the use of the Service(s) may include inaccuracies or typographical errors; and (d) the operation of the Services may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our company, and between us and other systems and networks.

4.5 In addition to 4.4 above, we will not be liable to you for failures, defects or delays in the delivery of the Service(s) which are caused by any of the following: (a) you have provided an incorrect phone number, incorrect spelling or other incorrect information in connection with the Service(s); (b) your mobile device does not support the Service(s); (c) your message mailbox is full and has no memory to receive a download of the Service(s); (d) your mobile device is out of range or cannot be contacted for any other reason; (e) you accidentally erase a Service provided to you; or (f) your failure to comply with the instructions for use of the Service(s) as explained by us and/or your Distributor.

5 LIMITATION OF LIABILITY


5.1 We do not seek to limit or exclude our liability for death or personal injury arising from our negligence or that of our employees or agents nor for fraud.

5.2 Other than as set out in 5.1, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Service(s) in respect of any:

(a) loss of business;

(b) loss of profits, business interruption, loss of business information; or

(c) any other pecuniary loss; nor shall we be liable to you for any damage to your mobile or other device or loss of data that results from your use of the Service(s) and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

5.3 Subject always to 5.1 and 5.2 above, our total liability arising out of or in connection with the Service(s) and/or this Contract shall be limited in aggregate to 150% of the price you have paid for the relevant Service(s) from us.

6 RIGHTS GRANTED/ RIGHTS RESERVED


6.1 We provide the Service(s) to you solely for your personal, non-commercial purposes. The Service(s) may not be used for any other purpose including without limitation, publication, reproduction or transmission nor provided to any other person and you are not permitted to amend any of the contents of the Service(s) unless expressly permitted by us.

6.2 If you send any material to us, you thereby grant us an irrevocable, unconditional, worldwide royalty free license to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore you thereby waive all so-called moral rights or other similar rights in such material.

6.3 All rights not expressly granted are reserved to us and our licensors as appropriate.

7 USER CONDUCT


7.1 We provide the Service(s) to you solely for your personal, private use. You undertake not to use the Service(s):

(a) for any unlawful purpose;

(b) in any way so that the Service(s) are interrupted, damaged, rendered less efficient or the functionality of the Service(s) are in any way impaired;

(c) in any way that may damage or disrupt your or another user's mobile device;

(d) for the transmission of any computer viruses or any harmful or deleterious files or programs;

(e) to transmit, post or otherwise make available any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;

(g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);

(h) in a manner that may cause harm to yourself or your property or another person or their property;

(i) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of a Service;

(j) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an MTV employee, manager, host or another user; or

(k) to transmit, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.

7.2 You agree to comply with any age restrictions notified to you in respect of any given Service.

8 PARENTAL RESPONSIBILITY


We are concerned about the safety and well being of all our users, but children in particular. Parents or guardians who allow their children to use the Services should take care to supervise and assist their children. We remind you that the Services are designed to appeal to a wide audience. As the legal guardians, we remind parents and guardians that it is their responsibility to supervise children and to determine whether particular Services are suitable for your child. If you have any concerns about any Service, then please do not hesitate to contact us at the address set out above.

9 COMPENSATION


9.1 You undertake in the event that you have any right, claim or action against any other user or a Distributor arising out of the provision and/or use of the Service(s), you shall pursue such right, claim or action independently of and without recourse to us.

9.2 You will fully compensate and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of this Contract or any use of the Service(s) or the Information by you.

9.3 You acknowledge that we have limited control over the nature and content of Information transmitted or received by you or others who use the Service(s) and that we do not examine in any way the use to which you put the Service(s). The way in which you use the Service(s) is at your risk and you agree to fully compensate us against any claims or legal proceedings arising in connection with your use of the Service(s) that are brought or threatened against us by any other person.

10 INTELLECTUAL PROPERTY


You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service(s) and Information shall remain vested in us or our licensors.

11 SUSPENSION AND TERMINATION


11.1 We shall have the right to immediately suspend or withdraw a Service if you commit or we have reason to suspect that you have committed a breach of these terms and conditions. or where required by law or regulatory authority or a Distributor.

11.2 Where applicable, you may withdraw from a Service at any time. If you subscribe to a Service via our website(s), you can click on the "Update Profile" link when logged in on the website(s) and amend your profile accordingly. If you request a Service by sending us an SMS message, the message you receive confirming your request will give you details of how to withdraw from that Service.

12 COMPETITIONS AND GAMES


When entering a specific competition by mobile/SMS or via the WAP Site or requesting/purchasing an MTV branded game we will alert you to any particular rules and/or restrictions that may apply. Please click here and ensure that you read our general competition rules which apply to all of our competitions in the absence of any specific rules to a competition.

13 USER PRIVACY


With your consent, we may communicate with you from time to time via your mobile for certain marketing, market research, analysis and related purposes. It is up to you how much or how little information you allow us to use for these purposes. The purposes include informing you of offers and other material which may interest you and making your information available to trusted partners and third parties for the same reasons. Click here for further details on our use of your personal information, including your mobile number or email us at info@mtvbase.com with any queries you may have.

14 CHANGES TO THIS CONTRACT AND THE SERVICE


14.1 We reserve the right to change the terms and conditions of this Contract from time to time by placing a note of such change on our website. We recommend that you review these terms each time that you request a new Service so that you are familiar with any changes that may apply to it.

14.2 We also reserve the right to change and update the Service(s) from time to time although your attention is drawn to your right of termination at any time.

15 SEVERABILITY


Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

16 NO WAIVER


No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

17 CHOICE OF LAW AND JURISDICTION


This Contract shall be governed by the laws of South Africa and by the exclusive jurisdiction of the South African courts.


These Terms and Conditions were last updated on 19 August 2008.


These Content Submission Conditions apply in addition to the website Terms and Conditions and Privacy Policy Website Terms & Conditions to which you have agreed to be bound by virtue of your use of MTV Networks Africa’s online services.


You must be 16 or over to submit content. If you are under 18 years of age you confirm that you have the consent of your parent / guardian to use the Website and Your Material in accordance with these Submission Conditions.


You agree that MTVNA has the right and license to transmit your photo, animation, video clip, sound recording, or other material uploaded by you (your "Material") on MTVNE television channels and MTVNA affiliated television channels worldwide ("MTV Channels") and on any other media whether now known or known in the future (including without limitation MTVNA operated websites (the “Websites”) in perpetuity and gratis. MTVNE also has the right to commercially exploit, host, store, copy, distribute, modify, edit, incorporate into other material, and/or otherwise treat in any way your Material at its discretion without any payment to You. In particular, you agree to waive all moral rights to the Material.


You warrant that you are the sole and exclusive creator, author and owner of your Material, and no one else has any right to your Material, including in any underlying copyrights such as music, footage, artwork and other material. You warrant that you have obtained all rights, permissions and licenses necessary for MTVNA to use your Material as anticipated by these Submission Conditions.


You must ensure that nothing in your Material infringes any trade mark or copyright or otherwise violates anyone's right of privacy or publicity, or contains anything that is defamatory or offensive.


You must ensure that your Material is free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society.


MTVNA reserves the right not to make your Material available on any Website, and the right to remove your Material, or links or any other means of access to your Material, from any Website at MTVNA’s discretion at any time.


You agree to indemnify and hold MTVNA harmless from any claims, suits, losses (whether foreseeable or not), damages and expenses (including reasonable legal fees) that arise from any breach of these Submission Conditions regarding your Material.


The privacy policy sets out how we use any personal information that you give us, such as your name, address, telephone number or email address.

CODE OF CONDUCT:


This is the Code of Conduct that you must adhere to when using the Website. MTV's Website Terms & Conditions also apply to your use of the Website, and you should read them before continuing.


As part of our service to you we provide various message board, chatroom, weblog, profile pages and other message and communication facilities (the "Service") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and content with other users and/or with us and these are referred to as a "Post" or "Posting.". By using the Service, you agree to abide by this code of conduct. MTV's Website Terms and Conditions also apply to your use of the Service, and you should read them before continuing.


If you do not adhere to this Code of Conduct, we reserve the right to terminate your use of the Service and/or to remove any content posted by you on the Website. We reserve the right to take such action without first notifying you of our intention to do so.

THE CODE OF CONDUCT


You agree to abide by the following Code of Conduct when using the Service. We provide the Service to you solely for your personal, private use. You undertake not to use the Service:

(a) for any unlawful purpose;

(b) in any way so that the Service is interrupted, damaged, rendered less efficient, or the functionality of the Service is in any way impaired;

(c) in any way that may damage or disrupt another user's computer;

(d) for the transmission, uploading or posting of any computer viruses or any other harmful or deleterious files or programs;

(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

(f) in any way that will affect us adversely or reflect negatively on MTVNA, its affiliates, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;

(g) as a means to threaten, stalk, harass, abuse or otherwise insult other users or to collect or store personal data about other users;

(h) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including but not limited to rights of copyright or confidentiality);

(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an MTV employee, manager, host or another user; or

(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.


We do not control the content posted via users of the Service and as such, do not guarantee the accuracy, integrity or quality of such content. Postings do not represent our views or those of any of our employees or representatives. By using the Service you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check information and content on the website for viruses, we recommend that you run anti-virus programs on any such information and/or content obtained or accessed via the Website.


You acknowledge that we shall have the right (but not the obligation) to edit, refuse to post, or to remove any Posting, in whole or part, that MTVNA deems inappropriate for inclusion in the Service, for any reason or for no reason.


You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not MTVNA, are entirely responsible for the consequences of all your Postings and other activity on the Service or otherwise on the Website. Under no circumstances will MTVNA be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.


The Service is public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. MTVNA shall have no liability if unauthorised persons obtain access to the Service.


Your use of the Service is at your own risk and you should not disclose or make available your personal information in any Posting or in any part of the Service.


This Code of Conduct was last updated 19 August 2008.

Competition Rules:


These are the competition rules that govern the relationship between you and MTV when you enter one of our competitions in the absence of any specific rules to a competition.

When entering a specific competition, you should follow the links on the relevant page of the web site to the individual rules for that particular competition.

DEFINITIONS "Competition(s)" means any of our online and/or mobile competitions; "we", "us", "our" means MTV Networks Africa (Pty) Limited (“MTVNA”) of 1 Saxon Road Hyde Park Johannesburg South Africa, the promoter of the Competitions; and "website" means the MTV websites situated at www.mtvbase.com.

1. By participating in any of our Competitions, entrants agree to be bound by these rules (which may be amended or varied at any time by us with or without notice) and by our decisions, which are final in all matters relating to the Competitions.

2. All prizes are non-transferable and no cash alternative will be offered. Arrangements for the fulfillment of prizes will be made by us. We reserve the right in our sole discretion to substitute any and all prizes with prizes of comparable value. All prizes are subject to the terms and conditions of the manufacturer or supplier.

3. In order to be eligible for prizes, the winner(s) (and guest(s) if applicable) agree to: (1) sign an affidavit of eligibility if required; (2) release us from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the Competition or the use or acceptance of the prize or any portion thereof, save where personal injury occurs due to our negligence; and (3) sign a promotional release granting us the right to use your name and likeness for advertising and publicity purposes without additional payment or compensation. Entry into the Competition constitutes the winner ('s') agreement to sign such releases. The winner(s) (and guest(s) if applicable) must complete all legal documents and return them to us within five (5) working days of receipt from us. Non-compliance will result in disqualification of the winner(s) and an alternative winner will be selected.

4. The receipt, by any winner, of any of the prize components of the Competition is conditional upon compliance with any and all relevant laws, rules and regulations. The winner(s) are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description.

5. Where prizes involve the winner(s) travelling, the winner(s) (and guest(s) if applicable) shall be required to hold a valid passport and/or other necessary travel documentation and visas. Where prizes necessitate travel on a specific date, the winner(s) (and guest(s) if applicable) must be able to travel on the date specified by us and no alternative dates will be available. Where the winner is a child, he/she must travel with a parent or legal guardian. Where the winner is a child and the prize necessitates travel on a date that is in school term-time, the winner must obtain the prior written consent of his/her headteacher and his/her parent or legal guardian for the winner's absence from school on that day. Where prizes involve travel on a date to be chosen by the winner(s), the date chosen is subject to availability and we reserve the right to include a long stop date by which the prize must be taken.

6. We reserve the right to implement age requirements where necessary. Entrants aged fifteen (15) or under must obtain consent from their parent or legal guardian prior to entering the Competition. Competitions are not open to employees and immediate relatives of employees of MTV Networks Africa, MTV Networks, Viacom International Inc., of their affiliated companies and their subsidiaries, or of any and all Competition sponsors and/or prize providers.

7. By entering the Competition, all entrants assign all rights, title and interest in all creative material uploaded onto the Website and/or sent to us and acknowledge and agree that we may use such material for any reason in any and all media throughout the world in perpetuity.

8. The winner(s) will be notified by e-mail or telephone as soon as possible after the Competition draw.

9. The winner(s) agree that MTV Networks Africa, Viacom International Inc., their subsidiaries, affiliates, related companies and employees, and any other sponsors and prize providers shall have no liability in connection with acceptance or use of any of the prizes awarded in the Competitions. We reserve the right to disqualify any entrant and/or winner at our absolute discretion.

10. Any personal information, including, without limitation, the entrant's name, age, address, (including postcode), telephone number and/or email address obtained by us by virtue of entrants entering the Competition may, with the entrant's consent, be used by us or disclosed to third parties for certain marketing, market research, analysis and related purposes. Click here for more details on the use of such personal information and your right to remove your personal information from our database. These Competition Rules were last updated on 19 August 2008.

VIDEO SUBMISSION CONDITIONS:


Terms — you've gotta have rules...

* Be seen: When you upload your video to MTV, people will also be able to view it worldwide via our website and your work and photo may make it onto MTV's TV channels and services.

* Be over 16: You have to be 16 or over to take part.

* Be free: Your submission must be your own work and free from third party copyrights so please don't use other people's music, footage etc (for example don’t use commercial sound recordings or movie footage.

* Be worry-free: You are only licensing your video to us and you will still own your own work.

* Be unsigned: If you are signed to a record label or music publisher you must not upload yourself or your band performing. If you are not signed now, but subsequently get signed to a record label, publishing company or collecting society then you need to tell us immediately.

* Be clean: We can't accept obscene, offensive, libelous material or anything that breaches our best practice guidelines.

* Be sure: You need consent from anyone who features in your work and you can't feature anyone under 16.

* Be happy: By uploading your work, you're agreeing to the MTV Content Submission rules