WEZWA CONTENT POLICY:
Wezwa is an Internet site that allows Users to interact and make social connections through conversations about media content, as well as have access to exclusive content from media properties. Wezwa respects the ownership of the Content that Wezwa Clients, Advertisers and Users share. Wezwa Clients, Advertisers and Users agree that they are solely responsible for the Content that they provide. To this end, Wezwa has adopted a separate Content Policy so as to comply with all applicable legal requirements and to ensure that the Wezwa Site provides a better experience for Wezwa Clients, Advertisers and Users.
Please read this Content Policy carefully before making use of the Wezwa Site or any of our Services. You will be subjected to the Content Policy in force at the time that you use the Wezwa Site and/or Services. For the avoidance of doubt, the Content Policy available on the Wezwa Site each time you use the Wezwa Site or any of our Services shall govern the relevant session. If you do not agree with this Content Policy, you may not use the Wezwa Site or Services for any reason, whether as a Wezwa Client, Advertiser or as a User.
The following definitions shall apply to this Content Policy:
1.1 “Advertisers” means all advertisers permitted by Wezwa or by its business partners, in writing, to publish advertisements on the Wezwa Site;
1.2 “Content” means various forms of material supported by the Wezwa Site from time to time, including but not limited to, text-based content, rich media content and digital content such as images, sound clips and video clips, as well as advertisements and promotional competitions posted on the Wezwa Site by Wezwa Clients and/or Advertisers;
1.3 “Intellectual Property” means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including, without limitation, patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
1.4 “My List Contacts” means the people you have added to your list of personal contacts;
1.5 “Post” means the electronic transfer of information or data by Wezwa Clients, Advertisers and/or Users (via the share button) to the Wezwa Site or the Services;
1.7 “Services” means the services provided by Wezwa from time to time, via the Wezwa Site, which includes but is in no way limited to conversation forums, text-based messages from Wezwa Clients within conversation forums; adding and removing of other Users onto and off of your My List Contacts, the creation and updating of your Profile, the ability to communicate directly with other Users that you have added and that have added you via direct messages, the ability to participate in exclusive polls and/or competitions, the ability to access exclusive digital content provided by Wezwa Clients and Show Guide updates such as teasers and character Profiles, and the ability to access exclusive information about Wezwa Clients’ entertainment line-up, offerings, fixtures, or content updates;
1.8 “Terms and Conditions” means the terms and conditions of use, which regulate Users’ use of the Wezwa Site and the Services;
1.9 “Users” means all users of the Wezwa Site and the Services;
1.10 “Wezwa” means Wezwa (Pty) Ltd (Registration No. 2011/144699/07);
1.11 “Wezwa Clients” means business partners of Wezwa and includes third party content providers who have contracted with, and supply Content to, Wezwa; and
1.12 “Wezwa Site” means any of Wezwa’s internet sites and/or applications and widgets, regardless of the type of device used to access a Wezwa Site. The Wezwa Site includes but is not limited to wezwa.mobi, wezwa.com, wezwa.co.za, and wezwa.tv.
2.1 This Content Policy applies to Wezwa Clients, Advertisers and Users.
2.3 This Content Policy is subject to change at any time with or without notice, unless the Content Policy is changed in a material, adverse way, in which case Wezwa will post a notice advising of such change at the beginning of this Content Policy and on the Wezwa Site’s home page for a period of 30 days.
2.4 Wezwa Clients, Advertisers and Users accept that any changes to the Content Policy will be binding on them, and that the use of the Wezwa Site and/or Services will at all times be subject to the Content Policy that is in force at the time of use. Continued use of the Wezwa Site and/or Services by Wezwa Clients, Advertisers and Users after the effective date of a change will amount to acceptance by such Wezwa Client, Advertiser or User of the changed policy.
2.5 It is your responsibility to re-visit this Content Policy from time to time to learn of any such changes to the regulation of content for Wezwa Clients, Advertisers and Users. The latest version of the Content Policy is available at wezwa.com/info/legal/content-policy/
3. Wezwa’s Control over Content
3.1 Wezwa Clients, Advertisers and Users agree that any Content, information or other material placed online, including comments, statements and opinions, are the views and responsibility of those who post such Content and do not necessarily represent the views of Wezwa. Users accordingly accept the risk that they may be exposed to unwanted, undesirable or offensive Content that contravenes this Content Policy. Wezwa expects Users to report any such Content to Wezwa as soon as possible after it is posted so that Wezwa can take appropriate action.
3.2 Wezwa has the right, but not the obligation (unless expressly required by law), to monitor all Content posted on the Wezwa Site, as well as the right, but not the obligation, to exercise editorial control over any Content posted or uploaded on the Wezwa Site, except where Services are managed by or on behalf of a Wezwa Client, in which case such Client has the right, but not the obligation, to exercise editorial control over the Content provided through those Services.
3.3 Wezwa reserves the right to refuse Content, including advertisements or promotional competitions relating to certain products, services or companies, in its sole and absolute discretion, except where Services are managed by or on behalf of a Wezwa Client, in which case such Client has the right, but not the obligation, to exercise editorial control over the Content provided through those Services.
3.4 Wezwa reserves the right to remove, edit or amend all, or a part of, any Content posted on the Wezwa Site without notice and which Wezwa, in its sole and absolute discretion, deems inappropriate or illegal, which contravenes this Content Policy, the Terms and Conditions, or which is the subject of a complaint, except where Services are managed by or on behalf of a Wezwa Client, in which case such Client has the right, but not the obligation, to exercise editorial control over the Content provided through those Services.
4. Client, Advertiser and User Content
4.1 All Wezwa Clients, Advertisers and Users agree that any Content, including any advertisements or promotional competitions, published on the Wezwa Site may not, among other things:
4.1.1 contain a visual presentation or a description of explicit sexual conduct, bestiality, incest, rape or extreme violence which constitutes incitement to cause harm;
4.1.2 contain pornographic images;
4.1.3 result in any unreasonable invasion of privacy;
4.1.4 threaten, harass, intimidate, defame or embarrass any person;
4.1.5 encourage or incite any person to engage in dangerous practices or to use harmful substances;
4.1.6 induce or promote racial disharmony;
4.1.7 cause grave or widespread offence;
4.1.8 contain offensive, profane, vulgar, obscene or inappropriate language;
4.1.9 be otherwise unacceptable, as determined in Wezwa’s sole and absolute discretion; or
4.2 Wezwa Clients and Advertisers agree to only publish advertisements on the Wezwa Site in the following circumstances:
4.2.1 if the Advertiser has expressly been authorised by Wezwa or by a Wezwa Client, in writing, to operate commercial activities or to promote any products or service on the Wezwa Site;
4.2.2 if the advertisement is not, in any way, false, misleading or fraudulent;
4.2.3 if the advertisement clearly represents the company, product or brand that is being advertised; and
4.2.4 if the advertisement does not, in any way, contravene this Content Policy.
5. This is not a closed list, and the determination as to whether or not any Content, including any advertisement or promotional competition, is prohibited will be determined by Wezwa in its sole and absolute discretion, except where Services are managed by or on behalf of a Wezwa Client, in which case such Client has the right to determine whether or not any Content, including any advertisement or promotional competition, is prohibited.
6. Unauthorised Content
6.1 The Wezwa Site and/or Services may not be used to operate any commercial activities or to promote any products or services or to send or post unsolicited commercial communications, other than as expressly authorised by Wezwa in writing, except where Services are managed by or on behalf of a Wezwa Client, in which case such Client must authorise any commercial activities, the promotion of any products or services, or the sending or posting of unsolicited commercial communications.
6.2 Wezwa Clients, Advertisers and Users may not use or distribute the images taken by and/or belonging to any other person via the Wezwa Site in any manner without such person’s consent, nor may Clients or Users resell any Content, which was accessed on the Wezwa Site, to any third party.
6.3 Wezwa Clients, Advertisers and Users may not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the Wezwa Site or Services, nor may Wezwa Clients, Advertisers or Users publish or link to any malicious content intended to damage or disrupt a User’s browser or computer or to compromise a User’s privacy.
6.4 Other than as authorised by Wezwa in writing or through the use of bona fide search engines, Wezwa Clients, Advertisers and Users may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including but not limited to any web spiders, crawlers or similar technologies.
7. Intellectual Property
7.1 The Wezwa Site consists of software and content (including images, text, animation, photographs, videos, graphics, music, sound and voice) that is the intellectual property of Wezwa.
7.2 All other Intellectual Property and Content not owned by Wezwa that appears on the Wezwa Site and/or Services is the property of the respective third party owners. All Intellectual Property rights specifically related to and owned by any Wezwa Client, save for source codes and or any proven copyright that may vest with Wezwa, shall vest with the relevant Wezwa Client or its successors-in-title for the life of the Intellectual Property and any extensions or renewals thereof for all media now known and hereinafter devised or invented, throughout the universe. Copyright in content developed by any Wezwa Client at its own cost for exploitation through the Sites shall vest with the relevant Wezwa Client.
7.3 The software and Content may not be used in violation of the intellectual property rights of Wezwa and/or such third parties.
7.4 Without limitation on the above prohibitions, Wezwa Clients, Advertisers and Users expressly agree not to:
7.4.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Content obtained from the Wezwa Site and/or Services without the prior written approval of Wezwa, or in the case of third party content, the owner of that content;
7.4.2 claim or convey ownership of any Content on the Wezwa Site and/or Services either in its entirety or otherwise;
7.4.3 modify the Content on the Wezwa Site and/or Services for the purposes of reposting to other websites;
7.4.4 alter or remove any trademark or copyright from the Wezwa Site and/or Services;
7.4.5 copy or otherwise incorporate Content available on the Wezwa Site and/or Services into, or store in, other websites, electronic retrieval systems, publications or other works in any form; or
7.4.6 frame the Wezwa Site and/or Services or any part of the Wezwa Site and/or Services.
8.1 Wezwa Clients, Advertisers and Users understand, acknowledge and agree that their respective use of the Wezwa Site and Services is entirely at their own risk.
8.2 While Wezwa will endeavour to ensure that the information provided by it on the Wezwa Site is accurate and complete, Wezwa makes no warranty about the accuracy, reliability, completeness or timeliness of such information.
8.3 Where Wezwa provides third party Content, publishes advertisements or details of promotional competitions or provides links to third party websites on the Internet, Wezwa does not:
8.3.1 warrant or represent that the third party Content, advertisements or promotional competitions are suitable, accurate, correct, complete, reliable, appropriate or lawful; or
8.3.2 endorse the third party Content, advertisements or promotional competitions.
8.4 WEZWA IS NOT LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR SERVICES AVAILABLE FROM OR THROUGH THE WEZWA SITE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATNG TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM: (I) THE ACCESS TO, USE OF, OR BROWSING OF THE WEZWA SITE; (II) DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEZWA SITE; AND/OR (III) VIRUSES, BUGS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.
8.5 WEZWA CLIENTS, ADVERTISERS AND USERS HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD WEZWA, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES RESULTING OUT OF THEIR RESPECTIVE USES OF THE WEZWA SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
8.5.1 ANY HARM OR LOSS SUFFERED BY WEZWA CLIENTS, ADVERTISERS OR USERS AS A RESULT OF THEIR RESPECTIVE USE OF THE WEZWA SITE AND/OR THE SERVICES;
8.5.2 ANY VIOLATION OF THE CONTENT POLICY BY WEZWA CLIENTS, ADVERTISERS OR USERS; AND
8.5.3 ANY CONTENT POSTED BY WEZWA CLIENTS, ADVERTISERS OR USERS.