Terms and Conditions | South Africa SET
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Terms and Conditions

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.



By registering with, using or visiting the "Site" (this term covers www.settv.co.za) as may be rebranded from time to time and including all content on these sites), you agree to these terms and conditions and our Privacy Policy. If you do not agree to the Terms or Privacy Policy, please do not use or register with the Site.

 

This Site is owned and operated by SET Networks Africa (UK) Limited or one of its affiliated or subsidiary companies (collectively, "SET"). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any use by another person, of your User Account, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service and the SET Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference.


For purposes of the TOS, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by SET, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services.


LICENSE TO USE THE SITE


SET grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.


CHANGES TO SITE AND/OR TERMS OF SERVICE


SET reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the TOS, and/or the Privacy Policy, in whole or in part, at any time. Changes to the TOS and Privacy Policy will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the TOS and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.


CHANGES IN SITE OWNERSHIP


You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable SET database, to the extent SET assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of SET's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site's subsequent owner or operator.


OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY


The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to SET and are owned by SET and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by SET, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").


Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of SET and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.



SOFTWARE

From time to time, and at its sole discretion, SET may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by SET or a SET-approved third party software provider ("Third Party Provider"). SET does not transfer title to the Software to you. You own the medium on which the Software is recorded, but SET and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.


SUBMISSIONS

SET is pleased to hear from its customers and welcomes your comments regarding SET products and services, including this Site. Unfortunately, however, SET's long-standing company policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SET's or its affiliates' professional staff might seem to others to be similar to their own creative work.


If, at our request, you send or post (e.g., via message boards or contests) certain specific submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the exclusive property of SET. Sending us Submissions, whether electronically or in any other form, constitutes your written consent to the transfer of all copyright in your Submissions to us and the transfer is accepted by.  None of the Submissions shall be subject to any obligation of confidence on the part of SET, and SET shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SET shall exclusively own the copyright and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and SET shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall SET's total liability exceed $5,000.00.


You agree to indemnify SET for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the TOS. SET does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, SET reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable.


Please refer to the GUIDELINES FOR USE OF THE SERVICES below for additional information concerning Submissions.


SET SERVICES AND RULES FOR USE


As a convenience to its visitors, SET may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by SET to you and others subject to the TOS, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by SET. SET currently provides the Services free of charge to users who agree to be bound and abide by the Rules. SET reserves the right to change the nature of this relationship at any time.


REGISTRATION AND ACCEPTANCE OF TERMS


In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at SET’s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services, and (iv) if you are under the age of 18 you must obtain the consent of your parent or guardian to register, use the Services and conduct any transactions with us. Failure to do so shall result in the immediate suspension of your account upon this coming to our knowledge.


As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify SET of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. SET shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.

GUIDELINES FOR USE OF THE SERVICES


You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in SET terminating or suspending your User Account and/or access to SET Services. You agree not to do any of the following actions while using any SET Service:

  1. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
  2. Transmit, in connection with any Service, any Posted Content that SET, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
  3. Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
  4. Impersonate in any Service, any person, including but not limited to, a SET official or representative, chat or message board leader, guide or host;
  5. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
  6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
  7. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
  8. Invade the privacy or violate any personal or proprietary right of any person or entity; or
  9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.

LINKED SITES


SET sites may frame, and/or contain links to or advertisements about, non-SET Web sites. Other sites may also reference, advertise, or link to SET sites. SET does not endorse or sponsor other Web sites and is not responsible for the content of such sites. SET expressly disclaims any statements or assertions made on non-SET Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.


NON-UNITED STATES RESIDENTS


SET makes no representation that the Site Content, including merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.


JURISDICTIONAL ISSUES


The Site is controlled and operated by SET from its offices within the State of California, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or California law and to personal jurisdiction in a court of competent jurisdiction in the State of California for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or any SET Site or Service.


TERMINATION

You understand and agree that SET may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any SET Site or Service, for any reason. SET may also, in its sole discretion and at any time, discontinue any Sites or Services or limit or restrict any user access thereto, for any reason. You understand and agree that SET may take any one or more of these actions without any notice to you, prior or otherwise. Should SET take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Submissions. You understand and agree that SET shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.


DISCLAIMER

THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. SET DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. SET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SET) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SET BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF SET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE SET TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, SET SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO SET, IF ANY, FOR ACCESSING THIS SITE.


COPYRIGHT NOTICE AND COMPLAINTS


If you believe that any Submissions or any Site Content has been copied in a way that constitutes copyright infringement or any other general complaint, please forward the following information to the SET CONTACT named below:

*       Your name, address, telephone number, and email address;

*       A description of the copyrighted work that you claim has been infringed or the complaint generally;

*       The exact URL or a description of where the alleged infringing material is located (as applicable);

*       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (as applicable);

*       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

*       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

*      

By this notice, SET seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.


OTHER

GOVERNING LAW; ARBITRATION


These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and SET (collectively, "the parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with Section 1283.05 of the California Code of Civil Procedure, provided that (a) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (b) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a California Court of Appeals reviewing a judgment of the California Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Los Angeles County, California without thereby waiving its right to arbitration of the dispute or controversy under this section. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.

.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.


SEVERABILITY


If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

COMPLIANCE WITH LAWS


You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOS, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, Site Code, and the Software are not exported in violation of the United States laws.

 


PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THE FOLLOWING PRIVACY POLICY STATEMENT AND THE WEB SITE TERMS OF SERVICE.


Notice

This Web site is operated by SET Networks Africa (UK) Limited and/or its affiliate or subsidiary companies (collectively, “SET”). This privacy policy (“Privacy Policy”) applies to information that you provide to SET via this site, and/or by use of other services (collectively, the “Services”) that may be provided by other means or media, including as set forth below and as defined in the applicable Terms of Service or other terms.


This Privacy Policy is intended to provide you notice of SET’s information management practices, including the types of information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of any SET Service or Web site constitutes acceptance of this Privacy Policy and any other applicable terms. The Terms of Service for this Web site are hereby incorporated by reference.

 

Residents of the Republic of South Africa should note that this Privacy Policy is not in terms of section 51 of the Electronic Communications and Transactions Act, 2002.


Personally Identifiable Information That We Collect


SET respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of its Web sites and Services.

E-mail Newsletter Subscriptions


To subscribe to our e-mail newsletters, you will need to provide your e-mail address. You may also be asked for other information when you subscribe.

User Accounts


In order to use our chat rooms, message boards, and certain other Services, you will need to register and create a user account ("User Account"). There is no cost to create a User Account in most cases. You may be asked to choose a user name, screen name, or member name (each, a "User Name") and password. Please do not use your real name or the real name of another person when selecting a User Name. You will also be asked to provide certain personally identifiable information and other information about yourself, such as your first and last name, date of birth, address, telephone number, and e-mail address.


Please note that your User Name will be available to the Internet's general public while you participate in some Services, like chat rooms or message boards, so you should exercise discretion when using these Services. This Privacy Policy does not apply to any information you may disclose publicly in such Services. In some instances, you may choose to create a "Public Profile" that will be available to others on the Internet. Public Profiles are managed entirely by you, and you are solely responsible for your Public Profile's content and its "public" or "private" status. You are also responsible for maintaining and updating the registration information in your User Account with current and complete information. You may access, edit or remove your Public Profile by signing in to your User Account and following the directions there. You can also send an e-mail to DataProtectionOfficer@settv.co.za to request deactivation of your User Account.


Special Promotions and Purchases


To participate in some Services such as sweepstakes, contests and surveys ("Special Promotions"), or to make online purchases ("Purchases"), you will need to provide personally identifiable information, such as name, mailing address, e-mail address, phone number, gender and date of birth. Your information may be collected by SET or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase.


If you make a Purchase or enter a sweepstakes or other Special Promotion on one of our sites or through our Services, SET will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, order fulfillment and/or prize delivery, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information - Personally Identifiable Information, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.)


If you make a purchase or enter a promotion (such as a sweepstakes) in which SET is participating on a third party's Web site (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (e.g., to send your order or deliver a prize).


Information Collected by Other Means or Media


In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any SET content, or purchase such content via your wireless carrier or through another third party, SET may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, SET will apply this policy to any personally identifiable information.


Information About Other People


Some SET sites and Services may ask you to submit personally identifiable information about other people. For example, you might submit a person's name and other personally identifiable information if you purchase a gift and want to have it sent directly to the recipient. A record of that transaction will be maintained as allowed and/or required by law.


Customer Service


Some Services may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.


Non-Personally Identifiable Information That We Collect


As part of the registration process for some Services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your film, music or other entertainment preferences, purchasing habits, and the like. This information is generally optional but may be included in your User Account profile. SET requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.


In many cases, SET will automatically collect certain non-personally identifiable information about your use of its sites and Services. SET might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the SET sites or "click-through" from an e-mail, the Web site or advertisement that was linked to or from the SET site when you visited, and your IP address. To do this, SET may use cookies and other technology (see below). If you are using our wireless Services, we may also automatically collect information such as the type of wireless device you are using, your mobile identification number (assigned by your telecommunications carrier) and telecommunications carrier. Your use of our Web sites and Services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.


Cookies and Related Technology


SET Web sites, and some Services and advertisements may contain "cookies," clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.


SET uses cookies, clear gifs, frames, server log analysis and other technologies as they are developed to customize your experience with our sites and Services.


Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the SET Web sites and Services may not function properly.


SET does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on our Web sites may be delivered to you by third-party advertising companies. SET's Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.


Special Notice Regarding Children Under 13


SET recognizes the sensitivity of personally identifiable information concerning children under the age of 13 and therefore provides this special notice. SET is committed to complying with all applicable laws and regulations regarding children, including the Children's Online Privacy Protection Act ("COPPA"). Except in limited circumstances allowed by COPPA, SET will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child's parent or legal guardian.


If you are the parent or guardian of a child under 13, and your child would like to participate in certain Services for which COPPA requires your consent (and SET has chosen to make such Services available to children in this age group), your child will be prompted to print out a form for you to complete and mail in to SET. The form will list the information required from both parent/guardian and child, as well as the intended uses of the information. SET will only collect information that is reasonably necessary for your child to participate, and SET will not share your child's personally identifiable information with any third party (except for purposes of fulfillment by a third party that has agreed to protect the information in accordance with this Privacy Policy), unless you specifically consent, or as permitted by COPPA or other applicable law. You may also subsequently revoke your consent and request that your child's information be removed from SET's active list. Please refer to the form for instructions and further information.


If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, SET will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child's information, please send an e-mail to DataProtectionOfficer@settv.co.za and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted.


SET encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the SET Web sites and the Internet generally.


Use, Disclosure, and Sharing of Information


Non-Personally Identifiable Information


From time to time, SET may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the SET Web sites.


Personally Identifiable Information


SET uses information about you to deliver the Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers in which you might be interested, and to improve and enhance our sites and Services. If you provide SET with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.


If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.


As stated in the Terms of Service, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of a SET Web site or Service, of any information about you contained in the applicable SET database, if SET or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of SET's or such SET company's assets related to the applicable site or Service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the site or any related Service signifies your agreement to be bound by the Terms of Service and Privacy Policy of the site's or Service's subsequent owner or operator.


The SET companies may work together in order to provide portions of the SET sites and some Services (e.g., to fulfill prizes won in a sweepstakes, or to provide other support for a Service). These companies will handle your personally identifiable information in accordance with this Privacy Policy.


As stated above in Personally Identifiable Information That We Collect - Special Promotions and Purchases, SET may also work with third parties to provide some Services on our sites. In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on SET sites are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of SET Services) by a third party who participates in a Service on one of our sites, do not opt in to such use by that third party when you register to participate in the Service.


Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.


SET will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: 1) we have been given your consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Privacy Policy or on the Web site, or through the Service where you provided your information; 3) we are required by law, legal process, or court order to disclose; 4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, SET's rights or property, other SET Web site users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. SET may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or our Terms of Service, or to protect our sites, customers, or others.


Our Commitment to Data Security


While SET takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Web sites, Services, and customer databases, no Web site, Internet transmission, computer system, or wireless connection is completely secure. Consequently, SET cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the SET sites and Services is at your own risk. SET urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.


Whenever you give SET sensitive or confidential information (for example, credit card numbers for Purchases), SET will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. SET employs a security technology known as a secure-socket-layer ("SSL") to protect the transmission of payment information to the site. Unless otherwise specified herein or on the site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.


Hyperlinks To and From Other Sites


SET sites may frame, and/or contain links to, or advertisements about, non-SET Web sites. Other sites may also reference, advertise, or link to SET sites. SET does not endorse or sponsor other Web sites, is not responsible for the privacy practices or the content of non-SET sites, expressly disclaims any statements or assertions made on such Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.


Consent to Processing in the United States


By providing any personally identifiable information to SET, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.


Contact Us Regarding Privacy


SET is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions or comments to:


DataProtectionOfficer@settv.co.za

Notification of Changes


SET reserves the right to change this Privacy Policy and its Terms of Service at any time. In case of any material change to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of our sites with a link entitled "Updated Privacy Policy" for no less than 30 days. All changes to the Privacy Policy and/or Terms of Service will be effective when posted, and your continued use of any SET site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.

 

 


Effective Date: January 1, 2005