Blacknation Media PTY, Ltd, together with its partners and affiliates, owns, operates, or provides a network of interactive services and applications (together, “Blacknation“, “we“, “us“, “our“).
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
All Content added, created, uploaded, submitted, streamed, distributed, or posted to the Service by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. By posting or submitting Content on or to the Service (regardless of the form or medium with respect to such Content, whether text, videos, photographs, images, audio, profiles, data, comments, reviews or otherwise) or using any widget available through the Service, you hereby do and shall grant us, and our affiliates, agents and third party contractors a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable right and license to reproduce, display, perform, or publish such Content on the Service and in any media formats and through any media channels, including, without limitation, third party websites, feeds and on or in our affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such Content, to distribute such Content, and to use, edit, modify and otherwise exploit such Content, including, without limitation, running paid advertising on or adjacent to any such Content and for promoting and redistributing part or all of the Application, Site or the Service (and derivative works thereof). You also hereby do and shall grant each user of the Application, Site and/or the Service a non-exclusive license to access your User Content through the Application, Site and/or the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Availability of Content.
Code of Conduct.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information.
You shall not (directly or indirectly): take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; modify, translate, or otherwise create derivative works of any part of the Service; run any form of auto-responder or “spam” on the Service; use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; harvest or scrape any Content from the Service; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or otherwise take any action in violation of our guidelines and policies. You further understand and acknowledge that you may be exposed to Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing the Service, you automatically waive, any legal or equitable rights or remedies you have or may have against us with respect to such Content.
Copyright Dispute Policy.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or Content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; (iv) contact information about the notifier including address, telephone number and, if available, email address; (v) a statement that the notifier has a good faith belief that the material identified in (iii) is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is our policy: (i) to remove or disable access to the infringing material; (ii) to notify the Content provider, member or user that we have removed or disabled access to the material; and (iii) that repeat offenders will have the infringing material removed from the system and that we will terminate such Content provider’s, member’s or user’s access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the Content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: (i) a physical or electronic signature of the Content provider, member or user; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (iv) Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the High Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or, if the Content provider’s, member’s or user’s address is located outside the Republic of South Africa, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.Please contact our Designated Agent to Receive Notification of Claimed Infringement at the email or physical address listed on this Site.
Third Party Services.
Third Party Account Information:
Third Party Services:
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
- You release us from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such Content originated and that we will not be liable for any errors or omissions in any Content. We make no representations concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
THE SERVICE, CONTENT, APPLICATION AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE DO NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THOUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
THE SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
Limitation of Liability
Jurisdiction and Choice of Law:
If there is any dispute arising out of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the Republic of South Africa, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the country and high courts of the Republic of South Africa, for the resolution of any such dispute.
No Third Party Beneficiaries:
Relationship of the Parties:
Apple Device and Application Terms.
If you have any questions, complaints, or claims with respect to the Service, you may contact us at the email or physical address listed on this Site.
Effective: 14 March, 2015