Terms of use

Introduction

Terms of use

The Service is made available to you on condition that you accept these terms of use as they are. These terms of use are a binding contract between you and us. You must read the terms carefully and ensure that you understand it as you will be bound by it by virtue of your use of the Service.

If you access and/or use the Service, we will take that to mean you have read and understand these terms of use, as they exist when you access and/or use the Service, and agree to them. Do not use this Service if you do not agree with any provision contained in these terms of use.

We reserve the right to amend these terms of use in any way and at any time and without prior notice. Only we may amend these terms of use. Such amendments shall come into effect immediately and automatically. The current terms of use can be accessed from this page. 

It is your responsibility to review these terms of use regularly and to ensure that you agree with any amendments to these terms of use.  You may no longer make use of the website or the Services if you do not agree with any amendments to these terms of use.

Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with us on the Service. None of these terms of use are intended to limit the rights the ECT Act grants you.

Any reference in these terms of use to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

Legal age and capacity

You may not use the Service and may not accept these terms of use if you are prohibited from receiving the Service under the laws of the Republic of South Africa or any other countries including the country in which you are resident or from which you use the Service.

In using the Service and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these terms of use.

Content accessible through the Service may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or prevent under age users from accessing this content where it is within your control to do so.

Definitions

These terms of use may contain terms and phrases which have a specific meaning in this document. Headings are for convenience and shall not be used in its interpretation in these terms of use.

Unless we indicate to the contrary in these terms of use, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa;

The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –

“access” when used in the context of the Service, means to visit the website, access content on any technological device now in existence or still to be invented, access content using mobile applications, mobile phone or similar software application or device or otherwise engage with the Service;

“content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, video files, video streaming content or other images) which you may have access to as part of, or through your use of, the Service;

“the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

"Facebook" means Facebook Inc. as well as the social network located at http://facebook.com, as the context dictates; 

“intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with this Service;

“know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with this Service, as well as, all available information regarding marketing and promotion of the products and Services described in this Service, as well as all and any modifications or improvements to any of them;

“mobile applications” means software applications developed for use on mobile devices including, but not limited to, mobile phones and mobile Internet devices, through which you may access the Service;

“RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;

“Service” means SkyroomLive’s content, content syndicated from SkyroomLive’s suppliers, SkyroomLive’s products, SkyroomLive’s software and/or SkyroomLive’s Services which are accessible through the website, mobile applications and/or other means;

“terms of use” means these terms and conditions of use, as amended from time to time;

“trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative Service offerings of, and applications for, any of same;

“website” means each and every website we own, host, operate or administer including, but not limited to, the websites located at  HYPERLINK "http://www.zoopy.com" \o "Zoopy" http://www.SkyroomLive.com and  HYPERLINK "http://www.SkyroomLive.tv" http://www.SkyroomLive.tv; and  HYPERLINK "http://www.SkyroomLive.mobi" http://www.SkyroomLive.mobi ; as well as our facebook page http:www.facebook/skyroomlive.com

“you” means users of and visitors to the Service as well as any other person seeking to interact with the Service;

When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;

All annexures, addenda and amendments to these terms of use form an integral part of these terms of use and, therefore, our contract with you.

Service provision

We offer the Service to you subject to these terms of use. The Service may also be subject to additional terms of Service in which case we will notify you of this fact.

SkyroomLive constantly strives to improve your experience of the Service. In doing so, we may add new Services and modify or even discontinue existing Services. We will endeavour to notify you of any changes to the Service timeously. You agree to this.

You are free to stop using the Service at any time without notifying us.

Registration with SkyroomLive

You are required to register for the Service if you wish to make use of certain of the Services or access certain parts of the Service. Registration with SkyroomLive through the Service is achieved using a registration form available on the website. When you register with us, you will be asked to select a username and a password, which you will use to secure your account.

In order to successfully complete the registration process, you are required to submit information about yourself and your preferences to SkyroomLive (“registration data”), the use of which information is governed by the privacy policy set out below.

You warrant that information you submit to the Service through the registration form and your user profile is accurate, current and complete. You will be denied access to the Service should you breach this warranty or subsequently be found to have breached this warranty.

We will verify your registration data once you have completed the requisite registration process. You agree to this verification process and irrevocably consent to SkyroomLive gaining access to relevant information held by third parties which may be required to reasonably complete the verification process.

Should you not agree to the verification process or withhold your consent as contemplated above, your membership of the Service may be suspended or terminated. Similarly, if the verification process is not successful, you agree that your access to the Service may be blocked and you waive any claims you may have against SkyroomLive, its officers, directors, employees, servants, agents and/or contractors arising out of SkyroomLive’s denial of access to you to the Service.

You acknowledge and agree that access to the Services may be limited until such time as the verification process has been successfully completed.

You agree that the security of your account is solely your own responsibility. You further agree that –

you are responsible for maintaining and promptly updating the registration data and any other information you provide to SkyroomLive, thereby keeping it accurate, current and complete;

if you believe the security of your account has been compromised in any way, you will notify SkyroomLive immediately;

if you believe that information or content posted to the Service infringes on any person’s rights in any way, you will notify SkyroomLive immediately;

you shall be held fully responsible for any misuse or compromise to your account for which SkyroomLive is not properly notified; and

if any security violations are believed to have occurred in association with your account, SkyroomLive has the right to suspend access to your account pending an investigation and resolution.

Liability for payment

You agree that we may debit your bank or other account with the amount/s disclosed when transacting on the Service by providing your bank account details. You hereby warrant that you are legally entitled to use the bank details provided to us.

Users' Code of Conduct

You may not use the Service or the content for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these terms of use.

You may not frame this website or any of the pages on the Service in any way whatsoever without the prior written permission of SkyroomLive. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.

You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

engage in any abuse of e-mail or spamming, including, without being limited to - 

the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages, and

inviting people who you may be connected to using Services outside SkyroomLive to join SkyroomLive where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other Services are receptive to receiving invitations to join SkyroomLive or other communications you send them from SkyroomLive);

engage in any activity intended to entice, solicit or otherwise recruit users of the Service to join an organisation except where such activities are expressly authorised by SkyroomLive in writing and published to the Service;

take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Services;

use the Service for commercial purposes except in accordance with a specific agreement with SkyroomLive permitting such commercial use of our Service;

use the Service to promote any multi-level marketing, network marketing, “work from home” businesses, investment schemes, pyramid schemes, or any similar business or venture;

use the Services to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;

use the Services to make fraudulent offers to sell or buy products, items or Services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";

use the Services in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others, including (without being limited to) the transmission of pirated software;

use the Services in any manner which could damage, impair, overburden or disable the Services or interfere with any other party's use or enjoyment of the Services;

use the Services to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the Services to collect or attempt to collect personal information about third parties without their knowledge or consent; and

violate the privacy of any person or attempt to gain unauthorised access to the Services or any other network, including (without being limited to) through hacking, password mining or any other means; and/or

use the Services to engage in any illegal or unlawful activity.

Should you engage in any one or more of the above practices, which shall be determined in SkyroomLive's sole discretion (and which decision shall be final), then SkyroomLive shall be entitled, without prejudice to any other rights it may have, to:

without notice, suspend or terminate your access to the Service;

bill you for any costs we incur, including (without being limited to) bandwidth, administration costs, downtime, usage of SkyroomLive’s name or registered domain names and CPU cycles; and/or

notwithstanding SkyroomLive’s privacy policy below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Licenses

SkyroomLive's license to you

SkyroomLive grants you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferrable and non-exclusive licence to access the Service. This licence is for the purpose of enabling you to use and enjoy the benefit of the Services, which we provide you with, in the manner permitted by these terms of use. In the event we revoke this license, you may no longer access the Services.

We may provide you with an embeddable player feature on certain content, which you may incorporate into your websites to display selected content published to the Service. The license we grant you to access the Service (above) applies to this embeddable player. You may not embed, download, copy and/or extract the content in any way other than means of accessing the Service as specifically permitted by these terms of use. Doing so may expose you to appropriate legal action.

You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the website or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.

Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Service or otherwise transfer any part of your rights to use the Service.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.

You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that content where permitted to do so.

Caching of the website shall only be permitted if:

the purpose of caching is to make the onward transmission of the content from the website more efficient;

the cached content is not modified in any manner whatsoever;

the cached content is updated at least every 12 (twelve) hours; and

the cached content is removed or updated when so required by SkyroomLive.

Your license to SkyroomLive 

SkyroomLive does not claim any ownership rights in the content that you post to the sites. You retain any rights that you may already have in your content when you post your content to or otherwise access the sites, subject to the limited license you grant to us. 

By posting any content on or through the sites, you grant us an irrevocable, non-exclusive, commercial, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise or otherwise distribute such content on or through the sites including without limitation, distributing part or all of the sites or content in any media formats and through any media, partners' or affiliate channels and make use of the content in our advertising campaigns. 

The license you grant to us means that - 

You are free to license your content to anyone else in addition to us; 

We may make commercial use of your content or otherwise commercialise your content; 

We are not required to pay you for the use of the content you post to the sites; 

We are able to use our affiliates, sub-contractors and other partners (such as internet content delivery networks and wireless carriers) to grant access to the sites; and 

The license extends to anywhere in the world because of the global nature of the internet and the fact that our users can access the content from anywhere in the world. 

General issues you should be aware of 

Because you can only lawfully license content you have certain rights in, you represent and warrant that: 

You own the content you posted on or through the sites or otherwise have the right to grant the license set forth in this section; and 

Posting your content on or through the sites does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity. 

You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content you post on or through the sites. 

Liability

Disclaimers and limitation of liability

Your use of and reliance on the services is entirely at your own risk. The services are provided “as is”.

Although we take steps to verify information presented on the service, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the service or the content. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in the service.

Information, ideas and opinions expressed on or through the services should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on such information.

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied. We specifically do not warrant that:

The functions contained in the service or the content will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free;

Any defects or errors will be corrected; or that the service or the content or the server that makes them available is free of viruses or other harmful components;

The service or the content will provide specific results from use of the service or the content or any content, search or link within them or that the results that may be obtained from the use of the service will be accurate or reliable.

Whilst we takes reasonable precautions in our operation of the service, neither SkyroomLive or its agents or representatives will assume any responsibility and neither SkyroomLive or its agents or representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of the service or the content or your downloading of any content. Any content downloaded or otherwise obtained through the use of the service or the content is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

We will use reasonable endeavours to make the service available to you, and keep the service available to you at all times. However, you agree that SkyroomLive shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the service for any reason whatever.

You further agree that –

Under no circumstances whatsoever, including as a result of SkyroomLive’s negligent acts or omissions or those of its servants, agents or contractors or other persons for whom in law SkyroomLive may be liable, shall SkyroomLive or its servants, agents or contractors or other persons for whom in law SkyroomLive may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the service or the content.

Indemnity

You hereby indemnify SkyroomLive and its officers, directors, employees, servants, agents or contractors or other persons for whom in law SkyroomLive may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of the service or the content or your breach of these terms of use.

SkyroomLive is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SkyroomLive servers.

Rights infringement

If you are of the view that your rights have been infringed through the unlawful use of the Service by registrants or third parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:

the full names and address of the complainant;

the written or electronic signature of the complainant;

identification of the right that has allegedly been infringed;

identification of the material or activity that is claimed to be the subject of unlawful activity;

the remedial action required to be taken by the Service provider in respect of the complaint;

telephonic and electronic contact details, if any, of the complainant; 

a statement that the complainant is acting in good faith;

a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Please address your notifications to:

Name of responsible person
Email:  HYPERLINK "mailto:info@SkyroomLive.com" info@SkyroomLive.com

SkyroomLive will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the website and/or suspension or termination of the offending registrant or third party.

Privacy policy

SKYROOMLIVE Privacy Policy

By using this website or communicating with any of our personnel, you are accepting the practices described in this privacy policy.

WHAT DATA DO WE COLLECT FROM OUR CUSTOMERS?

Should a user decide to register as a user on the website, the user gives explicit consent to process personally identifiable information that includes but is not limited to the user’s: name and surname
email address contact number
physical/delivery address
business VAT number
general interests
location data

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

WHAT DO WE DO WITH YOUR DATA AND WHY?

The information you provide is used to fulfil your specific request and for statistical purposes only, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.

Note that the processing of customers’ personal data is required to fulfil contractual purposes such as shipping a product and sending order status update mailers, and for legal and accounting reasons such as tax auditing. We gather this data when a customer registers as a user on our website, subscribes to a mailer, or purchases a product both in-store and online.

HOW LONG DO WE KEEP YOUR DATA FOR?

Retaining personal data depends on the purpose for which it was obtained and its nature. We shall store data for as long as the user can be considered a member. Upon request, we will delete user information, noting the consequences of such action, for example, not being able to view / watch live shows.

WHO DO WE SHARE YOUR DATA WITH?

We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, an order of a court or legal process served on us, or to protect and defend our rights or property.

You may find third party links on our site. These are links to resources that we believe may be useful, however, they are operated by third parties that operate under different privacy policies. Any third party website on our site has a privacy policy. We encourage you to review those privacy policies, as we have no control over the information you may submit to those third parties.

Our website plugins include:

• OpenCart for order and accounting purposes.
• Sage Pastel for order and accounting purposes.
• The VCS payment gateway processes secure payments and complies with the Payment Card Industry Data Security Standard (PCI-DSS). E2 does not log or store the card’s CVC number, rendering it impossible to obtain full card details from the VCS system that could be used for fraudulent activities. We do not store your full card information anywhere on our system.
• Novtel for rental order purposes.
• Shipping extensions (couriers) to calculate shipping rates, print shipping labels and ship products.
• MailChimp for order status and shipping updates, including direct marketing to newsletter subscribers.
• WordPress for engaging with and posting online content on our blog and community site.
• Marketing and analytics extensions to analyse user behaviour and improve content on our website accordingly. We use the following cookie and tracking plugins:
• Google Analytics: Anonymously tracks user sessions, page views and site usage statistics to optimise user experience.
• Google Remarketing: Anonymously tracks user-website interaction to optimise marketing via Google AdWords and Display Marketing networks, and advert placement that is better suited to user interests and preferences.
• Google Conversion Tracking: Anonymously tracks the conversion of Google AdWords and Display Marketing into successful sales to optimise marketing efforts and advert placement that is better suited to user interests and preferences.
• Facebook Pixel: Tracks user interaction with our website to optimise Facebook advert placement that is better suited to user interests and preferences.
• MailChimp Mailer Interaction: Tracks user interaction with marketing emails sent to optimise direct marketing efforts and provide users with a better direct marketing experience.
• Persistent Login Cookie: Remembers user login and keeps the user logged in for 1 month.
• PHP Session Cookie: Used for site security and user session data, for example, products added to shopping cart.

Subject to the above, we will not, without your express consent:

• use your personal information for any purpose other than as set out below:
• in relation to the viewing of live shows;
• to contact you regarding current or new goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
• to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
• to improve your experience on our website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
• disclose your personal information to any third party other than as set out below:
• To the event owner /sponsor.  SkyroomLive often hosts event on behalf of or with an external sponsor or event owner.  Any event owners/ sponsors have their own  privacy policies. We encourage you to review those privacy policies, as we have no control over the information once submitted to the event owner or sponsors.
  to our employees and/or third party service providers who assist us to interact with you via our website, email or any other method and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
• to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us), and
• to our suppliers in order for them to liaise directly with you if necessary 

HOW DO WE COLLECT YOUR INFORMATION?

In addition to the information provided by you, the user, when joining SkyroomLive, the website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customise the site for visitors giving a better browsing experience. We may use IP addresses to help diagnose problems with our servers and track movement within our website.

Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Cookies are used to collect general online usage by using a cookie file. If used this cookie file is downloaded without prompting. It will be placed on your hard drive with information transferred to the hard drive allowing the cookies to be used for data collection. A cookie is used to improve any services/ products, or overall website characteristic we offer you.

If you decide to decline acceptance of cookies, you may not have access to or receive limited access to, some features on the website.

WHAT ARE MY DATA SECURITY RIGHTS?

As a customer, you have the right to request that we delete your data from our system. If you wish for us to do so, kindly email or phone as per the below details.

You may contact us to:

• get a copy of your collected data
• to update your data
• to unsubscribe from mailing lists
• to delete your data

SkyroomLive commits to:

• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• provide you with access to your personal information to view and/or update personal details;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
• upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
• not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

HOW CAN I ACCESS, UPDATE OR DELETE THE COLLECTED DATA?

Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

• email: desti@mushroom.co.za

UPDATES TO OUR POLICY

SkyroomLive reserves the right to make changes to this policy, and any changes to this policy will be posted accordingly. All changes will apply to activities and information on a going forward, not retroactive basis.