MULTICHOICE STUDIOS WEBSITE AND SCREENING ROOM TERMS AND CONDITIONS

1. The MultiChoice Studios Website and the Screening Room are operated by MultiChoice Proprietary Limited, a company registered under the laws of the Republic of South Africa, with Registration Number: 1994009083, and with its registered office at MultiChoice City, 144 Bram Fischer Drive, Randburg, Gauteng 2194 (“MultiChoice).

2. Please read these Multichoice Studios Website and Screening Room Terms and Conditions set out in this document, and as amended from time to time (“MultiChoice Studios Terms”) carefully. Please note that by accessing and using the MultiChoice Studios Website and the Screening Room, you indicate that you have read, understood and accepted the MultiChoice Studios Terms, the MultiChoice Privacy and Cookie Notice available at https://www.multichoice.com/privacy-cookie-notice . (“Privacy Policy”), and any other notices, guidelines and rules published by MultiChoice on the MultiChoice Studios Website from time to time (each of which is incorporated into the MultiChoice Studios Terms by this reference).

3. Additional terms and conditions may apply to particular information, content, services, activities, applications or any other aspect of the MultiChoice Studios Website provided by MultiChoice (“Additional Terms) and, in respect to such particular information, content, services, activities, applications or any other aspect of the MultiChoice Studios Website, the Additional Terms shall take precedence in the event of a conflict between these MultiChoice Studios Terms and the Additional Terms.

4. MultiChoice may update, revise and/or amend the MultiChoice Studios Terms from time to time. Please review the MultiChoice Studios Terms regularly to ensure that you are aware of any changes, updates and/or amendments to the MultiChoice Studios Terms. Your continued access to and/or use of the MultiChoice Studios Website and the Screening Room after changes have been made to the MultiChoice Studios Terms indicates your agreement to be legally bound by the updated and/or amended MultiChoice Studios Terms.

5. In these MultiChoice Studios Terms the following terms will have the following meanings:

   1. “Access Code” means the one-time security access code generated and sent to a person by email by our sales team for such person to access the assigned Screening Room and Screeners;

   2. “Additional Terms” means any additional terms and conditions that may apply to particular information, content, services, activities, applications or any other aspect of the MultiChoice Studios Website provided by MultiChoice;

   3. “Affiliate” in relation to MultiChoice means any legal person or entity which is –

   1. controlled by MultiChoice;

   2. controls MultiChoice; or

   3. is under common control with MultiChoice;

   4. “Data Message” has the meaning assigned to it in the ECT Act;

   5. “ECT Act” means the Electronic Communications and Transactions Act, 2002, as amended from time to time;

   6. “Guest User” means a person who is not a Registered User and who accesses or uses the Screening Room using only the Access Code;

   7. "MultiChoice", "we", "us" or “our” means MultiChoice Proprietary Limited, a company registered under the laws of the Republic of South Africa, with Registration Number: 1994009083, and with its registered office at MultiChoice City, 144 Bram Fischer Drive, Randburg, Gauteng 2194;

   8. “MultiChoice Group” means MultiChoice Group Limited and its affiliated companies, including MultiChoice and its Affiliates;

   9. "MultiChoice Studios Terms" means these Multichoice Studios Website and Screening Room Terms and Conditions set out in this document, as amended from time to time;

   10. "MultiChoice Studios Website" means the website located at https://www.multichoicestudios.com and any other URL used by us from time to time, as well the services and activities provided thereon including but not limited to the Screening Room;

   11. “Privacy Policy” means the MultiChoice Privacy and Cookie Notice available at https://www.multichoice.com/privacy-cookie-notice

   12. “Registered User” means a person who, after following our registration process, accesses or uses the Screening Room by means of a registered login username and login password;

   13. “Screeners” includes select, watermarked content, programming, and/or clean promotional materials and trailers made available for viewing in the Screening Room by Guest Users and Registered Users;

   14. “Screening Room” means the portion of the MultiChoice Studios Website made available for the viewing of Screeners by Guest Users and Registered Users with a view of possibly licensing content or programming from us and/or our Affiliates;

   15. "Third Party Website" means any website which is not owned and/or controlled by MultiChoice;

   16. "User" or "you" means:

       1. a person who accesses or uses the MultiChoice Studios Website; and/or

       2. a Guest User or a Registered User who accesses or uses the Screening Room; and

   17. Any reference in these MultiChoice Studios Terms:

   1. to the singular includes the plural and vice versa; and

   2. to one gender includes the other gender.

6. Business-to-Business

   1. The MultiChoice Studios Website and the Screening Room are business-to-business websites for the licensing or distribution of select content and programming. The MultiChoice Studios Website and the Screening Room are intended for use by legal persons and businesses with a desire to enter into agreements for the licensing or distribution of select content and programming that may, from time to time, be made available by us for licensing or distribution.

   2. The personal information you provide to us in order to access the MultiChoice Studios Website and/or Screening Room, whether as a Guest User or a Registered User, will be collected, stored and used in accordance with our Privacy Policy which is incorporated to these MultiChoice Studios Terms and is available here https://www.multichoice.com/privacy-cookie-notice

7. No Offer and No Contract Made

   You acknowledge that in granting you access to the MultiChoice Studios Website, the Screening Room, the Screeners and/or any other services and activities on the MultiChoice Studios Website, we have not made you any offer regarding the licensing, distribution and/or acquisition of any content or programming (including the Screeners), and that we have made no representation or warranty regarding the availability for licensing, distribution and/or acquisition of the Screeners or the content or programming to which the Screeners relate. You also acknowledge that in granting you access to the MultiChoice Studios Website, the Screening Room, the Screeners, and/or any other services and activities on the MultiChoice Studios Website, we have not entered into any contract with you regarding the licensing, distribution and/or acquisition of any content or programming (including the Screeners).

8. Hardware, Software and Internet Access

   1. It is your responsibility to acquire and maintain, at your expense, the computer hardware and software, telecommunications facilities and Internet access service ("IT Facilities") in order to access and use the MultiChoice Studios Website and/or the Screening Room.

   2. You must ensure, prior to accessing the MultiChoice Studios Website and the Screening Room at any time, that:

      1. the MultiChoice Studios Website and/or the Screening Room is compatible with your IT Facilities; and

      2. your IT Facilities are sufficient in order for you to access and use the MultiChoice Studios Website and/or the Screening Room.

      3. You agree not to access, or attempt to access, the MultiChoice Studios Website and the Screening Room by any means other than through the interface that is provided by us.

      4. We will not be responsible for your inability to access and/or use the Screening Room, either optimally or at all, if you do not comply with subclauses 8.1, 8.2.1, 8.2.2 and 8.2.3 of these MultiChoice Studios Terms.

9. No Cost to Access MultiChoice Studios Website and Screening Room

   Subject to these MultiChoice Studios Terms, you may access the MultiChoice Studios Website and the Screening Room for free. However, access to some or all of the pages on the MultiChoice Studios Website and to the Screening Room may be restricted to Guest Users and Registered Users.

10. Access to Screening Room is Restricted

    Access to the Screening Room is restricted to Guest Users and Registered Users only. Guest Users and Registered Users may only access the Screening Room assigned to them by our sales team.

11. Registration as Registered User

    1. We have made provision for Guest Users to register and become Registered Users. Should you wish to become a Registered User, you will be required to complete the registration process, and to create your own login username and password, which you will be able to use to access and use the Screening Room.

    2. Should you experience any difficulties with the registration process please contact the Multichoice Studios sales team at sales@multichoicestudios.com

12. Use of MultiChoice Studios Website and Screening Room

    1. You agree to use the MultiChoice Studios Website and the Screening Room for lawful purposes only, and in a way that does not infringe the rights of any person or restrict or inhibit any person's use and enjoyment of MultiChoice Studios Website and the Screening Room. You also agree to always use the MultiChoice Studios Website and the Screening Room in compliance with these MultiChoice Studios Terms and with all laws and regulations that apply.

    2. If you, as a User, choose or are provided with, a login username, login password, Access Code or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any User login username, login password, and/or Access Code whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these MultiChoice Studios Terms.

13. Removal of Screeners

    We reserve the right to remove Screeners at any time at our sole and absolute discretion, and without notice to you.

14. Intellectual Property Rights

    1. All copy right and other intellectual property in the MultiChoice Studios Website, the Screening Room and the Screeners, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks and hyperlinks, whether registered or not (the "Intellectual Property") is the property of, or is licensed to, us or our Affiliates.

    2. These MultiChoice Studios Terms should not be construed as granting you any licence or right to use the Intellectual Property without our prior written consent.

    3. You specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the Screeners and the Intellectual Property, or any aspect thereof.

    4. Any unauthorized use of the Screeners or any other aspect of the MultiChoice Studios Website and/or the Screening Room, or any portion thereof, will constitute a violation of Intellectual Property rights, and we reserve the right to fully prosecute such violations and enforce our rights to the fullest extent of the law, including seeking both civil and criminal penalties (where applicable).

    5. All our Intellectual Property rights are expressly reserved.

15. Deactivation of a User

    We reserve the right, at our sole discretion at any time and without liability to any affected person(s) to:

    1. review and establish the accuracy, currency and/or completeness of the information provided in respect of any User; and/or

    2. suspend or disable access for any User where inaccurate, outdated or incomplete information was provided to us (including, but not limited to, information provided to us for registration in respect of a Registered User) and/or where the MultiChoice Studios Terms or applicable laws and regulations have been violated by a User; and/or

    3. use any technological, legal, operational or other means available to enforce these MultiChoice Studios Terms, including without limitation blocking specific IP addresses or deactivating your registration, login username, login password and/or Access Code.

16. Suspension of MultiChoice Studios Website and Screening Room

    We may suspend access to the Screening Room or close it indefinitely at any time at our sole discretion for various reasons including, but not limited to, updating our Screening Room, Screeners or the content on the MultiChoice Studios Website, and/or for maintenance purposes.

17. Security

    1. You may not, whether intentionally or negligently, do, or attempt to do, anything to interfere with or disrupt the MultiChoice Studios Website and the Screening Room, or compromise the security or stability of the MultiChoice Studios Website and the Screening Room, including, without limitation, by delivering, or attempting to deliver, any damaging code (including without limitation computer viruses, worms and Trojan horses) or other damaging or destructive component to the MultiChoice Studios Website and the Screening Room, or the server and computer network that support the MultiChoice Studios Website and/or the Screening Room.

    2. You must take all reasonable steps to prevent compromising the security and stability of the MultiChoice Studios Website and the Screening Room.

    3. You may not allow anyone else to use your login username, login password or Access Code at any time. You are responsible for maintaining the confidentiality of your login username, login password and Access Code and agree not to disclose them to anyone. If you have reason to believe that your login username, login password or Access Code is no longer secure, you, as a User, must: (i) promptly change your password (if you are a Registered User); and (ii) immediately notify the Multichoice Studios sales team at sales@multichoicestudios.com .

18. Caching

    You may cache the MultiChoice Studios Website provided that:

    1. the purpose of the caching is to make the onward transmission of the content from the MultiChoice Studios Website more efficient; and

    2. you do not modify, reproduce, interfere with the cached data or content in any manner whatsoever, or otherwise use the cached data or content in a manner not authorised by us in these MultiChoice Studios Terms; and

    3. you update, or remove from your computer system, the cached data or content if we request you to do so.

    19. Hyperlinks from Third Party Websites

    1. We may provide hyperlinks to Third Party Websites. Such links do not necessarily imply any endorsement, agreement with, or support for, the information on or content of those Third Party Websites.

    2. We do not editorially control the information or content on those Third Party Websites and neither we nor MultiChoice Group will be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such Third Party Websites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the MultiChoice Studios Website.

20. Framing

    No person may frame the MultiChoice Studios Website in any manner without our prior written consent.

21. Searching

    Other than bona-fide search engine operators and the use of the search facility provided on the MultiChoice Studios Website no person may use, or attempt to use, any technology or applications (such as web crawlers, web spiders, robots, harvesting bots or scrapers) to search the MultiChoice Studios Website for any purpose without our prior written consent.

22. You Warrant and Represent

    1. You represent and warrant that all of the details you provide to us are about yourself and/or your business and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, up-to-date, and complete.

    2. You agree that you have read, understand, and agree these MultiChoice Studios Terms and any applicable Additional Terms, and that you have read and understood, the data collection and usage practices set out in our Privacy Policy at https://www.multichoice.com/privacy-cookie-notice .

23. Our Warranties and Disclaimer

    1. Your use of our MultiChoice Studios Website, the Screening Room and the Screeners are entirely at your own risk.

    2. Information published via the MultiChoice Studios Website and the Screening Room is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed.

    3. We make no representations and give no warranties, whether expressly or implicitly, as to the MultiChoice Studios Website, the Screening Room, the Screeners or the information provided on the MultiChoice Studios Website and in the Screening Room, and specifically, but without limitation, make no representations and give no warranty:

    1. that the MultiChoice Studios Website and the Screening Room will be tailored to meet your requirements or expectations; and/or

    2. of the time within which the MultiChoice Studios Website and the Screening Room will be updated, or that access to them will be uninterrupted or error-free; and/or

    3. that the information provided on the MultiChoice Studios Website and in the Screening Room will be true, complete, accurate or reliable.

    4. We will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from negligence, and which is suffered by any person who accesses, uses or relies on the MultiChoice Studios Website and the Screening Room. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:

       1. access to the MultiChoice Studios Website and the Screening Room; and/or

       2. inability to access, or delays or difficulty in accessing, the MultiChoice Studios Website, the Screening Room and/or the Screeners; and/or

       3. access to, use of, or reliance on information or content available in the MultiChoice Studios Website and the Screening Room; and/or

       4. services and activities available from the MultiChoice Studios Website and the Screening Room; and/or

       5. any negligent act or omission of ours or our consultants, officers, directors, employees, agents or representatives.

24. Reimbursement by You

    You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the MultiChoice Studios Website and/or the Screening Room other than in accordance with these MultiChoice Studios Terms or any applicable law or regulation.

25. Time, Place, Manner and Attribution of Data Messages

    You agree to the following:

    1. Data Messages addressed by you to us will be deemed to have been received by us only if we respond thereto or acknowledge receipt thereof;

    2. Data Messages addressed by us to you will be deemed to be received by you when the complete data message enters an information system designated or used by you for that purpose and is capable of being retrieved and processed by you;

    3. Data Messages addressed by you to us or vice versa will be deemed to have been created and sent from Johannesburg, South Africa;

    4. Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between you and us; and

    5. Any Data Messages that are sent by you to us from a computer, IP address or mobile device normally used by or owned by you will be deemed to have been sent to us by you, or on your behalf by a person duly authorised by you.

26. Delay in Enforcing MultiChoice Studio Terms

    No failure or delay by either of us in exercising our rights under these MultiChoice Studios Terms will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.

27. Jurisdiction and Dispute Resolution

    1. These MultiChoice Studios Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

    2. Any disputes arising from or related to the MultiChoice Studios Website, the Screening Room, the Screeners and these MultiChoice Studios Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa and the non-exclusive jurisdiction of the South Gauteng High Court of South Africa.