The Important Bits
1. These Terms of Use apply to Your use of the website located
at www.fxafrica.tv ("Site") and any associated site or sites linked
to it. By using the Site You agree to be bound by these terms of
use and any other terms set out on the Site including the Privacy
Policy from time to time. If You do not wish to be bound by these
terms of use, You must not use the Site. BY USING THE SITE,
YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE
THE SITE.
2. All content on the Site belongs to Us including Our
trademarks, editorial content, photographs and images
("Content"). You may only view the Content on the Site for
Your own personal non-commercial use. You must not copy,
amend, alter or use in any way, the Content for any other
purpose. You must not use the Content as an information or
news source to create Your own content as it is a breach of Our
rights. We will prosecute anyone who copies or otherwise uses
Our content in any way other than for their own personal and
non-commercial use or as authorised by Us.
3. We will monitor Your use of the Site to ensure that Our
Content is not being used in any way other than as expressly
permitted by Us and Your use of the Site is Your acceptance to Our
monitoring of Your use. If You are a commercial user, You
give us consent to monitor Your services to ensure that You have
strictly complied with Our Terms of Use.
4. We accept no responsibility for any third party content
or advertising on the Site.
The Other Legal Bits
We reserve the right, in Our sole discretion, to change, modify,
add or remove portions of these Terms of Use, at any time. It is
Your responsibility to check these Terms of Use periodically for
changes. Your continued use of the Site following any changes will
mean that You accept and agree to the changes. As long as You
comply with these Terms of Use, We grant You a personal,
non-exclusive, non-transferable, limited licence to enter and use
the Site.
1. Definitions. "You" means you, the user of the Site and "Your"
shall be interpreted accordingly. "We/Us" means Fox International
Channels (UK) Limited of Unit 3.5 Shepherds Buildings East,
Richmond Way London W14 0DQ UK and "Our" shall be interpreted
accordingly. "Site" shall have the meaning as set out above. "User
Information" means the personal details, which may be provided by
You to Us via the Site. "Users" means the users of the Site
collectively and/or individually as the context admits.
2. Acceptable Use
You agree that any use by You of the Site shall be in accordance
with the following conditions:
2.1 You may not use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or
attempt to obtain any materials, documents or information through
any means not purposely made available through the Site. We
reserve the right to monitor and to bar any such activity and Your
use of the Site hereby authorises Us to monitor Your use of the
Site and its Content.
2.2 You may not attempt to gain unauthorised access to any
portion or feature of the Site, or any other systems or networks
connected to the Site or its server, or to any of the services
offered on or through the Site, by hacking, password "mining" or
any other illegitimate means.
2.3 You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor breach the security
or authentication measures on the Site or any network connected to
the Site. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to the Site, or any
other customer of Ours, including any Site account not owned by
You, to its source, or exploit the Site or any service or
information made available or offered by or through the Site, in
any way where the purpose is to reveal any information, including
but not limited to personal identification or information, other
than Your own information, as provided for by the Site.
2.4 You agree that You will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure
of the Site or Our systems or networks, or any systems or networks
connected to the Site.
2.5 You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the
Site or any transaction being conducted on the Site, or with any
other User's use of the Site.
2.6 You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or
transmittal You send to the Site on or through the Site or any
service offered on or through the Site. You may not pretend that
You are, or that You represent, someone else, or impersonate any
other individual or entity.
2.7 You may not use the Site or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which
infringes Our rights or rights of others.
2.9 You will not copy, download, reproduce, republish, frame,
transmit in any manner whatsoever, any material on the Site except
as is strictly necessary for Your own personal non-commercial home
use.
3. Third Party Websites and
Advertisers
3.1 Linked Sites: This Site may contain links to
other independent third-party websites ("Linked Sites"). These
Linked Sites are provided solely as a convenience to Our Users.
Such Linked Sites are not under Our control, and We are not
responsible for and do not endorse the content of such Linked
Sites, including any information or materials contained on such
Linked Sites. You will need to make Your own independent judgment
regarding Your interaction with these Linked Sites.
3.2 We do not endorse and shall not be held responsible or
liable for any content, advertising, products or services on or
available from any Linked Sites.
3.3 Third Party Advertisers: Any dealings between
You and any third party advertisers or merchants found on or via
the Site, including payment for and delivery of products, services
and any other terms, conditions, warranties or representations
associated with such dealings, are made between You and the
relevant advertiser or merchant. Therefore, We are not responsible
or liable for any loss or damage of any kind incurred as the result
of any such dealings.
4. Content
4.1 All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer
code (collectively, "Content"), including but not limited to the
design, structure, selection, coordination, expression, "look and
feel" and arrangement of such Content, contained on the Site is
owned, controlled or licensed by or to Us, and is protected by law,
copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws.
4.2 Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished,
rewritten, used as a news source, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any
way (including "mirroring") to any other computer, server, website
or other medium for publication or distribution or for any
commercial enterprise or commercially exploited, without Our
express prior written consent.
4.3 If You become aware of any such distribution, commercial
exploitation or any other unauthorised use of Our Content, You
agree to notify Us through Our 'contact us' button located at
http://fxafrica.tv/contact-us.
5. Liability for information provided on the
Site
5.1 Third Party Content. We are not liable for any
material which is posted on the Site by any other person including
advertisers and We are not responsible for and do not endorse such
material.
We reserve the right to monitor the contributions made and may
respond to or comment upon communications made by You and edit,
refuse to post, or remove any content in Our absolute discretion.
No failure to remove particular material constitutes an endorsement
or acceptance of it by Us.
5.2 We will not be held responsible or liable for the content,
accuracy, timing or reliability of any information or statements
contained within the Site, or for statements, advice and/or
opinions made or given by Users (except as required by law). If You
have any claim arising from the actions or statements of another
User, You agree to pursue such a claim only against that User and
not from Us.
5.3 We will endeavour to provide the Site using all reasonable
care. Except as required by law, We will not be responsible or
liable for the quality, accuracy or fitness for a particular
purpose of the Site and do not promise that the material contained
in the Site, or any of the functions contained in the Site or its
server will operate without interruption or delay or will be error
free, free of viruses or bugs or is compatible with any other
software or material.
5.4 We will be liable for any fraudulent misrepresentations We
make and for any death or personal injury caused by Our negligence.
We will not be responsible or liable to You for any other loss or
damage that You or any third party may suffer as a result of using
or in connection with Your use of the Site.
6. Disclaimers
6.1 WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT
ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL
PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON
AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON
THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT
ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF
VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICE. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR
ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE
PARTIES.
6.2 The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction of
or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of
action.
6.3 We reserve the right to do any of the following, at any
time, without notice: (1) to modify, suspend or terminate operation
of or access to the Site, or any portion of the Site, for any
reason; (2) to modify or change the Site, or any portion of the
Site, and any applicable policies or terms; and (3) to interrupt
the operation of the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance, error correction, or
other changes.
6.4 Limitation of Liability. Except where
prohibited by law, in no event will We be liable to You for any
indirect, consequential, exemplary, incidental or punitive damages,
including any indirect or consequential loss of (i) profits (ii)
business interruption (iii) goodwill or reputation (iv) or
otherwise, even if We have been advised of the
possibility of such damages.
6.5 If, notwithstanding the other provisions of these Terms of
Use, We are found to be liable to You for any damage or loss which
arises out of or is in any way connected with Your use of the Site
or any Content, Our liability shall in no event exceed
GBP£100.00.
7. Indemnity
7.1 You undertake to indemnify, on demand, and hold Us, Our
officers, directors, shareholders, predecessors, successors in
interest, employees, agents, subsidiaries and affiliates, harmless
from any demands, loss, liability, claims or expenses (including
attorneys' fees), made against Us by any third party due to or
arising out of or in connection with Your use of the Site.
8. Breach or Non-compliance with Terms
of Use
8.1 We may disclose any information We have about You (including
Your identity) if We determine that such disclosure is necessary in
connection with any investigation or complaint regarding Your use
of the Site, or to identify, contact or bring legal action against
someone who may be causing injury to or interference with (either
intentionally or unintentionally) Our rights or property, or the
rights or property of visitors to or Users of the Site, including
Our customers and advertisers. We reserve the right at all times to
disclose any information that We deem necessary to comply with any
applicable law, regulation, legal process or governmental request.
We also may disclose Your information when We determine that
applicable law requires or permits such disclosure, including
exchanging information with other companies and organisations for
fraud protection purposes.
8.2 You acknowledge and agree that We may preserve any
transmittal or communication by You with Us through the Site or any
service offered on or through the Site, and may also disclose such
data if required to do so by law or We determine that such
preservation or disclosure is reasonably necessary to (1) comply
with legal process, (2) enforce these Terms of Use, (3) respond to
claims that any such data privacy breaches or the rights of others,
or (4) protect Our rights, property or the personal safety of Our
employees, Users of or visitors to the Site, and the
public.
8.3 You agree that We may, in Our sole discretion and without
prior notice, terminate Your access to the Site and/or block Your
future access to the Site if We determine that You have breached or
failed to comply with any one or more of these Terms of Use or
other agreements or guidelines which may be associated with Your
use of the Site. You also agree that any breach or non-compliance
by You of these Terms of Use will constitute an unlawful and unfair
business practice, and will cause irreparable harm to Us, for which
monetary damages would be inadequate, and You consent to Us
obtaining any injunctive or equitable relief that We may deem
necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies We may have against You at law or
in equity.
8.4 You agree that We may, in Our sole discretion and without
prior notice, terminate Your access to the Site, for cause, which
includes (but is not limited to) (1) requests by law enforcement or
other government agencies, (2) a request by You (self-initiated
account deletions), (3) discontinuance or material modification of
the Site or any service offered on or through the Site, or (4)
unexpected technical issues or problems.
8.5 If We do take any legal action against You as a result of
Your breach of these Terms of Use, We will be entitled to recover
from You, and You undertake to pay, on demand, all reasonable legal
fees and costs of such action, in addition to any other relief
granted to Us. You agree that We will not be liable to You or to
any third party for termination of Your access to the Site as a
result of any breach or non-compliance of these Terms of
Use.
9. Privacy
9.1 For further information on Our Privacy Policy please see
http://www.fxafrica.tv/privacy.
9.1 Please Contact
Us to notify Us of any changes to the information You
have previously given or if You wish to withdraw Your consent to
Our using Your User Information for any stated purposes or for any
form of promotional contact.
10. Termination at Our Discretion
We reserve the right immediately to terminate Your use of the
Site if You breach or do not comply with any of Our Terms of Use or
We have reasonable grounds to believe that You are likely to breach
these terms and conditions or You otherwise engage in conduct which
We determine in Our sole discretion to be unacceptable.
11. Governing Law; Dispute Resolution
11.1 You agree that all matters relating to Your access to or
use of the Site, including all disputes, will be governed by the
laws of England and without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction of the Courts of
England and Wales and waive any objection to such jurisdiction or
venue.
11.2 In the event of any controversy or dispute between Us and
You arising out of or in connection with Your use of the Site, the
parties shall attempt, promptly and in good faith, to resolve any
such dispute. If We are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party
may submit such controversy or dispute to mediation. If the dispute
cannot be resolved through mediation, then the parties shall be
free to pursue any right or remedy available to them under
applicable law.
12. Feedback
Should You wish to make any comments to Us about the Site or if
You have any questions relating to the same please contact Us at
the Contact
Us page on the Site.
13. Our Details
Fox International Channels (UK) Limited, Unit 3.5 Shepherds
Building East, Richmond Way London W14 0DQ.