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Tagged! Terms of Use

Tagged! Terms of Use

Terms of use

 

tagged! is an online entertainment and sport magazine produced and wholly sponsored by MultiChoice Support Services (Pty) Ltd (“MultiChoice”).

Purpose: To help consumers of video entertainment content to best navigate various products under the MultiChoice umbrella and to enable them to choose content that appeals to them.

These terms of use will be applicable when the users of the tagged! (www.taggedonline.co.za) access the website.

By accessing the tagged! website, you agree that you have read, understood and agree to be bound by the Terms of Use which are posted on the tagged! website at the time of such access and use.

Allowed use and licence

You promise that you are entitled to visit this website and agree to the Terms because you:

  • are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
  • are not 18 yet, but have permission from your parent (or legal guardian) to do so.

You may only access and use the tagged! website, or any of the information or materials provided on the tagged! website, in a lawful manner and in accordance with the Terms of Use.

Members of the media are welcome to use the stories, pictures and any audio-visual material on the tagged! site as well as on social media platforms, free of charge, provided that any information lifted is clearly attributed to tagged!

You may cache the tagged! website provided that:

  • the purpose of the caching is to make the onward transmission or download of the content from the tagged! website more efficient;
  • you do not modify, reproduce, interfere with the cached data or content in any manner whatsoever, or otherwise use the cached data or content in a manner not authorised by us in these Terms of Use; and
  • you update or remove from your computer system, the cached data or content if we request you to do so.

No person may frame the tagged! website in any manner without our prior written consent. Other than bona-fide search engine operators and the use of the search facility provided on the tagged! website, no person may use, or attempt to use, any technology or applications (such as web-crawlers, web-spiders, robots, harvesting bots or scrapers) to search the tagged! website for any purposes without our prior written consent.

Hyperlinks

Subject to these Terms of Use, you may hyperlink to the tagged! website from another website

When you hyperlink to the tagged! website from another website, you do so at your own risk.

We may provide hyperlinks to websites which are not owned and/or controlled by us (“Third Party Websites”). Such links do not imply any endorsement of, agreement with, or support for the information on or content of those Third Party Websites by us.

We do not editorially control the information or content on those Third Party Websites and neither we, nor any person we control or who controls us (“Affiliate”) will be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such Third Party Websites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the tagged! website.

Security

tagged! respects the privacy concerns of the users of the tagged! website. However, in part to optimise web pages for each user's computer, and thereby to provide an enhanced online experience, certain non-personal information concerning the visitors to tagged! website is recorded through the standard operation of tagged! internet servers.

(Information tracked includes without limitation the type of browser being used by the visitor, the type of operating system being used by the visitor, and the domain name of the visitor's internet service provider.) E-mail addresses and other personally identifiable data about visitors to this site are known to tagged! only when voluntarily submitted by visitors. Personally identifiable information that may be collected in connection with visitors' voluntary e-mail is retained by tagged! and not sold or otherwise transferred outside the company.

To the extent that users of the tagged! websites submit e-mail, and such e-mail contains any notes, messages, postings, ideas, suggestions, concepts or other materials (collectively, "Submissions"), such Submissions shall be shall become the property of tagged!.

Prohibited use

Prohibited conduct. You are not allowed to, directly or indirectly, or allow anybody else to:

  • do anything that violates any of these Terms;
  • do anything which is illegal, fraudulent or violates or infringes any rights, title or interest (including, any intellectual property rights) in or to this website or its content;
  • frame this website or any of its pages in a way that we have not expressly authorized;
  • deep link (link to any page other than the home page of this website) or link in any way that could suggest that we endorse or support you or a third party, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so
  • remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms on the website;
  • use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so;
  • introduce any materials that are designed to impede the operations of the website or its content;
  • damage, disable, overburden, impair, or gain unauthorized access to the content or the website;
  • remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the website;
  • use the website or the content to advertise or promote products or services that we have not expressly approved in writing in advance;
  • interfere with anyone else’s use and enjoyment of the website;
  • attempt to discover or reverse engineer the source code and other materials forming part of the technology used to provide the website or forming part of the content;
  • receive or charge money, favours or other consideration for allowing any other person to use or access the website or the content.


Apply to cached elementsThese Terms and any restrictions on the use of the website will also apply to any part of the website and content that is cached when using the website.

Monitoring. We may monitor whether you are complying with these Terms.

Privacy

tagged! respects the privacy concerns of the users of the tagged! website. However, in part to optimise web pages for each user's computer, and thereby to provide an enhanced online experience, certain non-personal information concerning the visitors to tagged! website is recorded through the standard operation of tagged! internet servers.

(Information tracked includes without limitation the type of browser being used by the visitor, the type of operating system being used by the visitor, and the domain name of the visitor's internet service provider.) E-mail addresses and other personally identifiable data about visitors to this site are known to tagged! only when voluntarily submitted by visitors. Personally identifiable information that may be collected in connection with visitors' voluntary e-mail is retained by tagged! and not sold or otherwise transferred outside the company.

To the extent that users of the tagged! websites submit e-mail, and such e-mail contains any notes, messages, postings, ideas, suggestions, concepts or other materials (collectively, "Submissions"), such Submissions shall be shall become the property of tagged!.

Intellectual property rights and domain name use

All intellectual property on the tagged!  website, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, hyperlinks and domain name(s), whether registered or not (the “Intellectual Property”) is the property of, or is licensed to, us and/or our Affiliates.

These Terms of Use should not be construed as granting you any licence or right to use the Intellectual Property without our prior written consent.

Without limiting the scope of this clause, you specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the Intellectual Property, or any aspect thereof.

All our Intellectual Property rights are expressly reserved.

Disclaimers and Liability

References to tagged!, “we”, or “us” include our directors, officers, employees, agents, representatives, intermediaries and Affiliates.

Information, ideas and opinions expressed on the tagged! Website should not be regarded as our professional advice or official opinion, and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the tagged! Website.

To the full extent permitted by applicable law:

We make no representations and give no warranties (tacit or implied), whether expressly or implicitly, as to the tagged! Website or the information provided on the tagged! Website, and specifically, but without limitation, make no representations and give no warranty:

  • that the tagged! Website will be tailored to meet your personal requirements or expectations;
  • of the time within which the tagged! Website will be updated, or that access to the tagged! Website will be uninterrupted or error-free; or
  • that the information provided on the tagged! Website will be true, complete, accurate or reliable.

We will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from negligence, and which is suffered by any person who accesses, uses or relies on the tagged! Website. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:

  • access to the tagged! Website;
  • inability to access, or delays or difficulty in accessing, the tagged! Website, to the extent that such inability, delay or failure results from causes beyond our reasonable control;
  • access to any websites linked to the tagged! Website;
  • inability to access, or delays or difficulty in accessing, any websites linked to the tagged! Website;
  • access to, use of, or reliance on information or content available on the tagged! Website;
  • any content posted by third parties on the tagged! website;
  • services available from the tagged! Website;
  • our delay or failure to fulfil our obligations under these Terms of Use to the extent that such delay or failure results from causes beyond our reasonable control; or
  • any negligent act or omission of ours or our consultants, agents or employees.

You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.

Time, place, manner and attribution of Data Messages

The parties agree to the following:

  • Data generated, sent, received or stored by electronic means (“Data Messages”) addressed by you to us will be deemed to have been received by us only if we respond thereto or acknowledge receipt thereof;
  • Data Messages addressed by us to you will be deemed to be received by you when the complete data message enters an information system designated or used by you for that purpose and is capable of being retrieved and processed by you;
  • Data Messages addressed by you to us or vice versa will be deemed to have been created and sent from any territory in which the tagged! is operated;
  • Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between you and us:
  • Any Data Messages that are sent by you to us from a computer, IP address or mobile device normally used by or owned by you will be deemed to have been sent to us by you, or on your behalf by a person duly authorised by you.

Amendment/ Update of tagged! website and Terms of Use

You agree that we may from time to time vary or discontinue the information, content, services, applications or any other aspect of the tagged! Website.

All permissions granted in these Terms of Use are provided on a non-exclusive and non-transferable basis.

We may, at any time, amend these Terms of Use so please check back regularly to keep informed of updates. The latest version of the Terms will always be available on this website. Any new version of the Terms will take effect and will govern the use of the website immediately upon the date of posting. By continuing to use the website, you agree to be bound by the updates and amendments to the Terms.

In the event of conflict or inconsistency between these Terms of Use and any other terms and conditions relating to another product or service offered by tagged! or a third party, the provisions in these Terms of Use will prevail in relation to the tagged! Service and the provisions of the other terms and conditions will prevail in relation to the other product or service.

Termination of the tagged! website

We may terminate the tagged! website, or any aspect thereof, at any time.

Our Privacy Policy concerning our Intellectual property will survive the termination of these Terms of Use for any reason whatsoever.

Entire agreement and variation

These Terms of Use, as amended by us from time to time, constitute the entire agreement between us and you in relation to its subject matter and supersede any previous agreement between you and us.

In the event that any provision detailed herein is found to be unenforceable or invalid for any reason, such terms or conditions will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.

Communications

When you sign up on the tagged! Website, we will check our systems to confirm whether you have requested not to receive communications from us regarding our products and/or services. If you do not wish to receive such communications from us, use the “unsubscribe” options set out in any direct marketing communications which we send you.

Legal costs

We will not be responsible for any costs incurred by you to obtain professional advice relating to these Terms of Use.

Breach

Without prejudice to any other rights we may have, we may claim damages from any person who contravenes these Terms of Use and as a result of which we suffer any loss, liability, harm or damage.

Any relaxation or indulgence which we may show to you from time to time or any failure by a party to exercise or enforce any right or provision of these Terms of Use is without prejudice to and does not constitute a waiver of any right or provision either in these Terms of Use or any applicable law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Governing Law

The Terms and our website privacy policy are governed by the laws of the Republic of South Africa. Only the South African courts may decide any dispute about the Terms.

Interpretation

If the meaning of the Terms conflicts with any other relevant specific terms, the specific terms will prevail. Specific terms, such as our website privacy policy apply to specific sections of the website or have been specifically agreed between the parties.

Entire agreement 

The Terms are the entire agreement between the parties on the subject

Severability

Any term that is invalid, illegal or cannot be enforced must be regarded as deleted. The remaining Terms continue as intended.