2. Terms; Changes

We reserve the right to change these Terms in the future; therefore, we encourage you to periodically review these Terms and our Privacy Policy so you are aware of the most current rights and obligations that apply to you and us in connection with your use of the Services. The most current version of these Terms (along with its effective date) will be posted from each of the Services. Reasons for changes could include, without limitation, changes in law or in the Services. Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the updated Terms on our Services or by electronic or conventional mail. If you continue to use the Services after we change these Terms, you are deemed to have accepted all changes. For clarity, if there exist links to other terms and conditions within a Service, such terms and conditions will also apply to your use of the applicable Service.

3. Dispute Resolution; Arbitration Agreement

IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A "CLAIM") ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS, AND THE CLAIM IS NOT RESOLVED BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT [email protected] AND BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person's claim. You and we agree that the Republic of South Africa Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by the court or to participate in a class action. You and we agree that any arbitrations between you and us will be subject to this Section 3 and not to any prior arbitration agreement you had with us. This Section 3 shall survive termination of these Terms or any subscription or registration that you may have to any of the Services.

3.1 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute ("Notice"). A Notice from you to us must: (1) be sent by certified mail; (2) be addressed to:Mzansi Fans Awards (Pty) Ltd., Unit B218, The Block, Cnr Peter Barlow & Bester Roads, Bellville South, Western Cape., (the "Notice Address"); (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the Services, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your agent, attorney, or anyone else purporting to act on your behalf) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.

After the other party's receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 3.1. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.

3.2 Arbitration Procedure. You and we agree that the party initiating arbitration must submit a certification that it has complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in Section 3.1 above and that it is a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator's award that has been fully satisfied shall not be entered in any court.Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose.

3.3 Discovery During Arbitration. The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above. Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (a) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (b) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (c) the parties need not produce metadata, with the exception of header fields for email correspondence; (d) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (e) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.

3.4 Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

3.5 Offer of Settlement. In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the other party's favor and is less than the defending party's settlement offer or if the award is in the defending party's favor, the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.

4. Additional Terms

Additional and/or supplemental terms may apply to your use of certain Services ("Additional Terms"), which may include terms and conditions relating to paid content, subscriptions, contests, sweepstakes, or other promotions or activities (e.g., voting rules, etc.). Such Additional Terms may also have certain age or geographic restrictions. There may be certain areas on the Services for which you must be a certain age to access. By using or attempting to use those areas and/or Services, you certify that you are at least the required age for the areas and meet all other eligibility requirements of the Services and agree to all of the terms and conditions of these Terms. If you are not yet the required age for such areas, you do not meet any other eligibility requirements of the Services or, for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using those areas and/or Services (as applicable) immediately. You are responsible for complying with any such Additional Terms. We will provide any such Additional Terms, including for or related to features of our Services that are provided by third parties, to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will control solely for such particular use.

5. Registration and Access Controls

We may offer registration to set up a user account and, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Services. There may be a few options for you to register, including site registration and/or third-party social platform sign-on (as described in our Privacy Policy). We may request information from you to set up such a user account or access such features or functions (e.g., username, password, etc.) ("User Information"). Additional information may be requested and/or required during the registration process. After you have registered for the Services, we may recognize you when you visit the same website, application, or other interactive service across devices (such as when you login) and permit you to login on such website, application, or other interactive service. If you choose to create an account, you must provide us with accurate and complete User Information and must update such User Information when it changes. You are responsible for maintaining the confidentiality of your User Information and may not permit use of your account by anyone other than members of your household who also meet the eligibility requirements under these Terms. You accept responsibility for all activities, charges and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your User Information, disclosure of your User Information, or your authorization of anyone else to use your User Information. You agree to immediately notify us as set forth in the applicable Service if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User Information or any other need to deactivate your account due to security concerns. We may also provide you with access to certain features or functions that we may offer on the Services, such as the option to participate in newsletters, commenting, or member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain information about you in order for us to personalize and/or allow you to use such features and functions. The Services may also provide features, functions, and/or services powered by a third-party social media network or other third party. For example, information may be disclosed to a third party through plug-ins offered by such third party (e.g., TV Everywhere authentication). Please take care when using any third-party service and familiarize yourself with the third party's policies and agreements, if any, that govern such use. To learn how we may use the information we collect during the registration process, please read our Privacy Policy. Please read our Privacy Policy, which provides information concerning data you provide or that we may collect, use, disclose, manage and store.

6. Intellectual Property; License

6.1 Any audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services ("Content") are protected by intellectual property and other laws in the Republic of South Africa and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and us, we will retain all right, title and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights in and to the Services and Content.

6.2 You are only permitted to access and view the Content for personal, commercial, non-exclusive, non-assignable, non-transferable and limited purposes in accordance with these Terms and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means, or encourage others to: (a) download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; (b) upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; (c) license or sublicense any part of the Services or Content; or (d) in any way exploit any part of the Services or Content. In addition, except otherwise expressly authorized by us in writing, you are strictly prohibited from: (i) modifying Content; (ii) creating, distributing or advertising an index of any significant portion of the Content; or (iii) otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including, without limitation, mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

6.3 Without limiting the foregoing, you may not modify, interfere with, enhance, remove or otherwise alter in any way: (a) any portion of any video player ("Video Player") made available within the Services; (b) any of the applicable Video Player's underlying technology; or (c) any digital rights management mechanism, device or other content protection or access control measure incorporated into the applicable Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the applicable Video Player in any manner.

6.4 We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Services and to promptly end any infringement that might occur. If you believe that the Services contain elements that infringe your copyrights in your work, please send us an email: [email protected].

7.User Submissions

7.1 Some of the Services may allow you to submit or transmit audio, video, images, text or other materials, including so-called "user generated content" and comments, suggestions or other feedback (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to us and our partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions. If a Service includes a link to Additional Terms that govern submission and use of User Submissions (e.g., User Content Submission Agreement, content rules, etc.), then your User Submissions are further subject to such Additional Terms.

7.2 We respect your ownership of User Submissions. Except for the licenses, authorizations, consents, and rights granted hereunder (including, without limitation, as described in any Additional Terms that may be posted to a Service), we acquire no title or ownership rights in or to any User Submissions you submit, and nothing in these Terms conveys to us any ownership rights in your User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:

7.3 You bear all responsibility for your User Submissions. You represent and warrant that: Your User Submissions: are original to you and/or fully cleared for use as contemplated herein; will comply with the Acceptable Use Policy; do not and will not, in any way, violate or breach any of the provisions of these Terms; do not contain libelous, tortious, obscene or otherwise unlawful material or information; will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation; and * will not be injurious to the health of any user. We shall not be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of your User Submissions. All of the information provided by you associated with your User Submissions is complete and accurate.

8. Third-Party Content

The Services may integrate, be integrated into, or be provided in connection with third party websites, platforms, services, applications, platforms and/or content (each, a "Third Party Platform") or contain third party content (including advertisements). Unless expressly indicated otherwise, we do not endorse or evaluate third party content, products, services or websites; we do not assume responsibility for third parties' products, services, actions or omissions; and we have no liability whatsoever for goods and services you may obtain from or through other services even if you were directed or linked to such a service through the Services. If you connect to the Services through a Third Party Platform (e.g., social media) or navigate to a Third Party Platform from the Services, the Third Party Platform will collect your information separately from us. You should review the applicable Third Party Platform's privacy policies before using their services to understand how they are using your information and your rights in relation to such information.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with or participate in or use the services or obtain goods and services of or from, third parties, such as our advertisers, sponsors or promotional partners (collectively, the "Advertisers") as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

9. RSS; Podcasts; Mobile Features/strong>

9.1 RSS Feeds and Podcasts. The Services may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video and photographic Content from the Services that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts"), which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from your device or (if permitted) transferred to another device. Certain software and hardware may be required for users to download and view and/or play Content through RSS Feeds. Content made available via RSS Feeds is subject to all of the provisions of these Terms, even though you may download, copy and/or transfer to a device, or through a device to another device, the RSS Feeds and associated Content. By your access to and use of RSS Feeds, you understand, acknowledge and agree that we do not warrant that such RSS Feeds will operate on all devices.

9.2 Mobile Application Services. If we offer products and/or services through applications available on your wireless or other mobile device (such as a mobile phone) ("Mobile Application Services"), such as applications you download or text messaging services, these Mobile Application Services are governed by these Terms and the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in any such Additional Terms, including, without limitation, the terms presented to you in connection with your download of such applicable Mobile Application Service. In addition, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost.