1.1 Your use of the FunnyVids website (the "Website") and any FunnyVids products, channels, software, data feeds and services, including the FunnyVids embeddable video player (the "FunnyVids Player") provided to you on or from or through the Website by FunnyVids (collectively the "Service") is subject to the terms of a legal agreement between you and FunnyVids. "FunnyVids" means http://funnyvids.co.za OR http://www.funnyvids.co.za
1.2 The Terms form a legally binding agreement between you and FunnyVids in relation to your use of the Service. It is important that you take the time to read them carefully.
1.3 The Terms apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that FunnyVids will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with FunnyVids, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
FunnyVids reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://funnyvids.co.za/page/terms-of-service or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a FunnyVids account. When creating your account, you must provide accurate and complete information. It is important that you must keep your FunnyVids account password secure and confidential.
4.2 You must notify FunnyVids immediately of any breach of security or unauthorised use of your FunnyVids account that you become aware of.
4.3 You agree that you will be solely responsible (to FunnyVids, and to others) for all activity that occurs under your FunnyVids account.
5.1 FunnyVids hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
5.2 You agree that you will comply with all of the other provisions of the Terms and the FunnyVids Community Guidelines at all times during your use of the Service.
5.3 FunnyVids grants the operators of public search engines permission to use any computer programs (such as spiders) to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FunnyVids reserves the right to revoke these exceptions either generally or in specific cases.
5.4 FunnyVids is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which FunnyVids provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that FunnyVids may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at FunnyVids sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform FunnyVids when you stop using the Service.
5.6 You agree that you are solely responsible for (and that FunnyVids has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FunnyVids may suffer) of any such breach.
6.1 As a FunnyVids account holder you may submit Content. You understand that whether or not Content is published, FunnyVids does not guarantee any confidentiality with respect to Content.
6.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to FunnyVids and other users of the Service.
6.3 You understand and agree that you are solely responsible for your Content and the consequences of posting or publishing it. FunnyVids does not endorse any Content or any opinion, recommendation, or advice expressed therein, and FunnyVids expressly disclaims any and all liability in connection with Content.
6.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable FunnyVids to use your Content for the purposes of the provision of the Service by FunnyVids, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
6.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the FunnyVids Terms Of Service.
6.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for FunnyVids to use or possess in connection with the provision of the Service.
6.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant FunnyVids the licence referred to in paragraph 8.1 below.
6.8 On becoming aware of any potential violation of these Terms, YouTube reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
6.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FunnyVids with respect to any such Content.
7.1 When you upload or post Content to FunnyVids, you grant:
7.2 The above licenses granted by you in your Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 6.2 above.
8.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to FunnyVids, and is subject to copyright, trade mark rights, and other intellectual property rights of FunnyVids or FunnyVids licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of FunnyVids or, where applicable, FunnyVids licensors. FunnyVids and its licensors reserve all rights not expressly granted in and to their Content.
9.1 The Service may include hyperlinks to other web sites that are not owned or controlled by FunnyVids. FunnyVids has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
9.2 You acknowledge and agree that FunnyVids is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that FunnyVids is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.1 The Terms will continue to apply until terminated by either you or FunnyVids as set out below.
10.2 If you want to terminate your legal agreement with FunnyVids, you may do so by (a) notifying FunnyVids at any time and (b) closing your FunnyVids account.
10.3 FunnyVids may at any time terminate its legal agreement with you if:
10.4 FunnyVids may terminate its legal agreement with you if:
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FunnyVids have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11.2 The Service is provided "as is" and FunnyVids makes no warranty or representation to you with respect to it.
11.3 In particular FunnyVids does not represent or warrant to you that:
11.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
12.1 Nothing in the Terms shall exclude or limit FunnyVids liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 Subject to the overall provision in paragraph 12.1 above FunnyVids shall not be liable to you for:
12.3 The limitations on FunnyVids liability to you in paragraph 12.2 above shall apply whether or not FunnyVids has been advised of or should have been aware of the possibility of any such losses arising.
13.1 The Terms constitute the whole legal agreement between you and FunnyVids and govern your use of the Service and completely replace any prior agreements between you and FunnyVids in relation to the Service.
13.2 You agree that FunnyVids may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
13.3 You agree that if FunnyVids does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FunnyVids has the benefit of under any applicable law), this will not be taken to be a formal waiver of FunnyVids rights and that those rights or remedies will still be available to FunnyVids.
13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.5 You acknowledge and agree that each member of the group of companies of which FunnyVids is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
13.6 The Terms, and your relationship with FunnyVids under the Terms, shall be governed by South Arican law. You and FunnyVids agree to submit to the exclusive jurisdiction of courts of South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FunnyVids shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.