These terms and conditions cover the following:

1. Website - Terms and Conditions of Use
2. Content upload - Terms and Conditions
3. Privacy Policy

About the Website Terms and Conditions ("Terms of Use")

Please read these Terms of Use carefully before using www.southafrica.net/mysastory (the "Site" ). By accessing and using this Site, you the end user ( "you" / "your" ) expressly agree to comply with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site.

South African Tourism ("SAT"/"we"/"our" ) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Any changes to these Terms of Use that may affect your rights will be alerted to you on the homepage for the first week in which such change is made and notified by e-mail to those of you who have registered your e-mail address with SAT.

In addition to our notification to you of such changes we encourage you to review these Terms of Use regularly so that you are familiar with their scope and any changes that may have been made. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. SAT retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

If you do not agree with these Terms of Use and do not wish to be bound by them, please do not upload any of your content to this Site or participate in the competitions or other activations via this Site.

This site is operated by South African Tourism Australia on behalf of South African Tourism at Bojanala House, 90 Protea Road, Chislehurston, Sandton, 2196, South Africa (the "Promoter" )

Trademarks, copyrights and restrictions

All material on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by SAT, Promoter, or by other parties that have licensed their material to SAT or Promoter. This material is solely provided for your personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

User Submissions to the Site

You agree that any material (including any intellectual property rights in such material), including but not limited to material sent via chat services, bulletin boards or articles submitted for publication on this Site or using any of the Web Site Services (as defined below) ("User-Generated Content") is subject to additional UGC Terms published on this Site.

You agree that by submitting materials to this site, that you are the owner of said materials and have the rights to submit the materials as User Generate Content to the site.

When you or any other person authorised by you submits material to the Site, you agree that SAT and/or Promoter has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to the Privacy Policy.

Neither SAT nor Promoter is obligated to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with these Terms of Use and the UGC Terms.

Your Responsibilities

You agree that you will not use the Site or any of the Web Site Services as follows:

1. to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's intellectual property rights or breaches any obligation of confidentiality by which you are bound;
2. to send or distribute multiple unsolicited e-mails or messages ('spam') or to cause any other person annoyance, inconvenience or worry; and
3. for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.

You agree to indemnify SAT and Promoter against any claims, costs, expenses or legal proceedings caused as a result of your use of the Site or Web Site Services in contravention of these Terms of Use. Further, in such circumstances, SAT shall be entitled to treat the contravention as a material breach of these Terms of Use and terminate the Terms of Use and any access permission granted to you by SAT forthwith, without notice to you.

SAT and Promoter's Responsibilities

Neither SAT nor Promoter makes any representation or warranty that the Site or services offered via the Site (i.e. bulletin boards, chat, etc. but excluding any merchandise made available by from this Site or via links to this Site, which are subject to the separate Merchant terms and conditions) ( "Web Site Services" ) will be accessible, or useable by you or error free or that defects will be corrected, or that SAT, Promoter or the server that makes them available are free of viruses or other harmful components. The material that you read on this Site is provided solely for entertainment and promotional purposes. Neither SAT nor Promoter warrants or makes any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.

SAT and Promoter each reserve the right, without notice to you, to remove any material from the Site or to suspend or alter the operation of the Site or any Web Site Services, at its sole discretion or for legal or technical reasons.

Limitation of Liability

Neither SAT nor Promoter limits its liability for death or personal injury to the extent that it arises as a result of the negligence of SAT or Promoter respectively, their employees or contractors and the remainder of this clause shall not apply to such liability.

Neither SAT, Promoter, nor their affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of this Site are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of this Site. By way of example, and without limiting the generality of the foregoing, SAT, Promoter and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or the reliance upon or use of data, information, opinions or other materials appearing on this Site. You expressly acknowledge and agree that neither SAT nor Promoter are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Links

This Site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Neither SAT nor Promoter are responsible for the content of the Linked Sites, whether or not SAT or Promoter are affiliated with sponsors of the sites. SAT and Promoter do not in any way endorse the Linked Sites.

Merchandise

The goods and services ("Merchandise") which may be purchased by you from companies other than SAT or Promoter ("Merchants") via third parties and/or third party websites linked to this Site (including without limitation co-branded websites) are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not SAT or Promoter) is solely responsible for the fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Site or the Merchant's web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that neither SAT nor Promoter shall have any responsibility, obligations or liability in relation to the Merchandise.

Consent to Use Your Personal Information

For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to SAT and/or its contractors. By accepting these Terms of Use, you expressly agree to transfer such personal information or data to SAT or its contractors to use, store and process the personal information for the purposes of providing the Web Site Services.

For the purposes of the Data Protection Act 1998, you further agree that SAT or its contractors involved in the provision of the Web Site Services, may send your personal data outside of the European Economic Area for processing.

You may revoke the consents given above by giving notice to SAT in accordance with its privacy policy, but in those circumstances you must exit the Site and will have no further rights to access the Site or use the Web Site Services.

For more information about the purposes for which SAT may use your personal information, please read the Privacy Policy displayed on this Site.

General

These Terms of Use, together with the Content Upload Terms and Conditions, the Competition Terms and Conditions (if any) and the Privacy Policy, form the entire agreement between you on the one hand and SAT and Promoter on the other hand and supersede any other oral or written communications, agreements or representations with respect to your use of this Site and Web Site Services.

Nothing in these Terms of Use affects your statutory rights as a consumer.

If any part of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms of Use will not be affected.

You acknowledge that SAT has entered into these Terms of Use for its and the Promoter's own benefit and for the benefit of its subsidiary and holding companies or a subsidiary of that holding company all as defined by section 736 of the Companies Act 1985 as amended by the Companies Act 1989 and these Terms of Use are intended to be enforceable by each SAT group company by virtue of the Contracts (Rights of Third Parties) Act 1999.

Subject to the above, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

If SAT or Promoter or any contractor is unable to perform any obligation under these Terms of Use because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of SAT or Promoter or its contractors, neither SAT nor any contractor will have any liability for that failure to perform.

Your use of the Internet is solely at your risk and subject to all applicable laws, and neither SAT nor Promoter has any responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

Unless otherwise specified on this Site, the materials available on this Site are directed solely at those who access the Site from Australia. SAT makes no representation that any such material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.

These Terms of Use are governed by the laws of South Africa, and subject to the non-exclusive jurisdiction of the South African Courts.

SAT:
South African Tourism
Registered Office: Bojanala House, 90 Protea Road, Chislehurston, Sandton, 2196, South Africa
Registered in South Africa
Promoter:
South Africa Tourism Australia
Registered Office: Bojanala House, 90 Protea Road, Chislehurston, Sandton, 2196, South Africa

User Generated Content and Content Upload

HOW TO SUBMIT
Your video can be anything up to 5 minutes long and no more than 15MB.

Copyright infringement is a huge issue in the media industry and SAT and Promoter take it very seriously. We wish to highlight the following for your attention:

Don't use music
If you don't own the copyright to a piece of music, or you haven't obtained permission from the musician to use it, don't use it. This includes background music.

Clear all rights
When you submit your video or photograph, all rights must be cleared. This means it's your own original work and that anyone who appears in it or whose work you have used in it are fully credited (if they want to be) and have agreed to being filmed or photographed in the first place and their performance being published. This includes brands, stills, video, and music.

Keep it clean
We can't accept any defamatory, obscene or unlawful material.

Keep it safe
Please do not send footage of you doing anything dangerous, risky or where you or someone else could be hurt or someone copying what you do could be hurt.

Do keep a master copy of your video
SAT and Promoter may select some of the best videos or photographs submitted to the Site and use them in advertising and promotional material for. We may need to contact you for a master copy of your video. But, if we do, please don't send us your only copy, as we can't return them.

Terms and Conditions for User-Generated Content ("UGC") Upload

Please read these UGC Terms carefully. By uploading your video and photographs ( "Content" ) to www.southafrica.net/mysastory you confirm you accept and agree to comply with the UGC Terms.

You hereby grant SAT and Promoter, their affiliates and licensees a licence to publish, display and/or use the Content or any of its elements in any way it sees fit (including but not limited to editing, adapting, distributing, for promotional and advertising purposes) in any media now known or hereafter devised in connection with the My South Africa commercial campaign, which aims to showcase South Africa through personal accounts, videos and pictures.
You represent and warrant that:

1. you are eighteen or over
2. the Content and all material contained therein will not infringe any rights of any third party as it is either original from you and/or you have obtained permission from all relevant third parties to use all material, including without limitation video footage, photographs and music, that are contained in the Content and
3. you have permissions from all individuals featured in the Content (if any) and can provide evidence of such permissions to SAT and Promoter if requested.

You hereby waive all moral rights you may have in respect of the Content and have ensured that all individuals contributing to and/or performing in the Content have waived their moral rights.

You indemnify SAT and Promoter against any and all claims brought by third parties in respect of SAT's or Promoter's use of the Content.

You acknowledge that no payment shall be owed by SAT, Promoter and or any third party in respect of use of the Content.

You acknowledge and accept that SAT has the right but not the obligation to monitor and to moderate the Content provided to it and that it may remove, edit and suspend any Content that it considers in its absolute discretion to be inappropriate.

You accept that neither SAT nor Promoter shall be under any obligation to use the Content or in the event SAT or Promoter uses the Content by any means, neither SAT nor Promoter shall be obliged to give you any form of credit.

You agree neither SAT nor Promoter will return any Content submitted to it.
All terms and conditions of the Terms of Use shall apply.

Privacy Policy

SAT will use the information provided by you in the course of our dealing with you to process your requests and orders and in order to provide a more personalised web-surfing and shopping experience.

We may collect anonymous information about your use of this Site from cookies and by the use of pixel tags. We may match this information with any other data you have given us for the purposes of fulfilling your orders and other requests, tailoring our Site to help you, sending you appropriate marketing communications and maintaining our records. A cookie is a short piece of data which is sent from a web server to a web browser when that browser visits the server's site. Pixel tags are used to read cookies. Most browsers automatically accept cookies. You can set your browser options so that you will not receive cookies and you can also delete existing cookies from your browser. However some of the cookies sent to your browser will help us to save you time, for example by remembering your contact details when you are making an order for the second time – this means that you will not have to complete your contact details section again unless they have changed. In addition you may find that some parts of the Site will not function properly if you refuse cookies.

We may share your information with other members of the Time Warner Group of companies, including certain offices in the United States for internal management and administration purposes. We may also share your information with certain reputable third parties in order to fulfil your order or request or in order to obtain professional advice. Agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing. We may disclose information we hold in response to legal proceedings, for example, in response to a court order or subpoena. We may also disclose such information in response to a law enforcement agency's request.

It is possible that SAT Entertainment Networks International Limited could merge or be acquired by another business. If this happens, we may share the information that relates to you. You will be sent notice of such an event.

This Site may contain "opt-out" boxes on the relevant pages where you provide your personal information. If you do not want us to provide your personal information to trusted third parties as may be described on the pages of the Site or herein, then you should tick the relevant box (es) on such pages of the Site and we will not transfer it to those parties, similarly if you do not want us to send you information as described where relevant, you should tick the opt out boxes and we will refrain from sending you such materials.

This Site also contains various "opt-in" boxes on the relevant pages where you provide your personal information in the form of an email address. SAT Entertainment Networks International Limited will not provide your email address to any third parties unless you specifically opt in to them by ticking a relevant box to hear from a specified third party. Similarly if you have not ticked the opt-in box we will not email you information as described.

Please note that clicking on to links and banner advertisements may result in your transferral to another website, where data privacy practices may be different to that of SAT Entertainment Networks International Limited. Visitors should consult the other website's privacy policies as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.

We sometimes offer content (e.g. competitions or promotions) that is sponsored by or co branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the site activity. We are not responsible for and have no control over these third parties' use of this information. However, we will notify you at the time of requesting personally identifiable information if these third parties will obtain such information. We may use a reputable third party to present or serve the advertisements that you see at this Site. This privacy policy does not cover any use of information that a third party ad server may have collected from you.

This privacy policy may be changed by SAT at any time. The revised policy will be posted to this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it. SAT will ensure that your personal information is treated with the utmost respect and in accordance with Directive 95/46/EC on the protection of individuals with regard to processing of personal data and on the free movement of such data.