PRIMU INFOTECH (Pty)
Ltd Reg: 2017/507623/07
User Generated Content Policy
1. WHAT IS YOUR UGC
All content submitted on the Websites or the Platform by You (or on Your behalf) via Your User account (or other social media account, if applicable), including without limitation, Your name, telephone number, cell phone number, email address and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called Your “UGC” for short.
2. POSTING UGC
Any UGC posted by You or on Your behalf will be attributed to the username You provide or the username of the social media account You log in with but We will not publish Your email address on the Website or Platform.
Please use caution and common sense when submitting UGC to the Websites or Platform
Please note that We do not moderate UGC however, from time to time publication of Your UGC may be at Our sole discretion and We reserve the right to make additions or deletions to Your UGC prior to publication, after publication or to refuse publication.
Please note, any UGC You submit to our Websites or Platform will be considered non-confidential and nonproprietary.
We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC) You submit if it does not adhere to this Policy. We shall not be liable to You for any loss or damages whatsoever arising from our decision to refuse to publish (or to remove previously published).
3. RIGHT TO CLOSURE OF USER ACCOUNT POSTING UGC
We also reserve the right to close Your Account and/or ban You from being able to post UGC to the Website or Platform, if in our sole opinion, You persistently and/or seriously breach the terms of this Policy.
Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not Ours and We accept no responsibility for the content of any UGC. If You find any UGC on the Website or Platform to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify Us by emailing Us at firstname.lastname@example.org.
4. RIGHTS, PERMISSIONS & WAIVERS
You hereby grant to PRIMU INFOTECH Pty Ltd and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish Your UGC (including, without limitation, the right to adapt, alter, amend or change Your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
You warrant, represent and undertake to Us that all UGC You submit is Your own work or that You have obtained all necessary rights and permissions of the relevant owner of the work and that You have all relevant rights in Your UGC to enable You to grant the rights and permissions.
Where Your UGC contains images of people or names or identifies individuals, You warrant, represent and undertake to Us as follows:
- that all featured or identified individuals that are over the age of 18 have expressly consented to their appearance in the UGC and to You submitting the UGC to the Websites or Platform; and where featured or identified individuals are under the age of 18, that You either: are the parent or legal guardian or such featured or identified individuals, or have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to You submitting the UGC to the Websites or Platform.
- You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with Your UGC, to the maximum extent permissible by law
5. CONTENT STANDARDS – LEGAL STANDARDS
Each time You submit UGC to the Websites or Platform, You warrant, represent and undertake to Us that Your UGC (including its use, publication and/or exploitation by Us) does not:
infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or contain any material which is defamatory of any person; and/or contain misleading or deceptive statements or omissions or misrepresentation as to Your identity (for example, by impersonating another person) or Your affiliation with any person or entity; and/or breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or advocate, promote, or assist discrimination
based on race, sex, religion, nationality, disability, sexual orientation or age; and/or contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and/or violate any other applicable law, statute, ordinance, rule or regulation, (together, or individually the “Legal Standards”).
If Your UGC contains any material that is not owned by or licensed to You and/or which is subject to third party rights, You are responsible for obtaining, prior to submission of Your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of Your UGC by Us without additional compensation.
6. CONTENT GUIDELINES
Each time You submit UGC to the Websites or Platform, You warrant, represent and undertake to Us that Your UGC: is accurate, where it states facts; and/or represents Your genuinely held opinion, where it states opinions (for example, in product or services reviews); and/or does not contain any material which: is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in South Africa; and/or is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying); and/or is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or anxiety; and/or is sexually explicit; and/or advocates, promotes, assists or depicts violence; and/or advocates, promotes or assists any illegal activity or unlawful act or omission; and/or could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or gives the impression that it emanates from Prim-U or is endorsed or connected with Us, if this is not the case, (together, or individually the “Community Guidelines”).
7. CONSEQUENCES OF BREACH
We reserve the right:
- to pass on any UGC that concerns Us to the relevant authorities;
- to disclose Your identity to any third party (or their professional advisor) who claims that any of Your UGC constitutes a violation of their constitutional rights, intellectual property rights, or of their right to privacy.
8. CHANGES TO THIS USER GENERATED CONTENT POLICY
We may change this Policy from time to time, in which case an up to date version will be available via the Website and Platform. We will not separately notify You of any change to this Policy. You should check this Policy regularly to ensure that You are aware of any changes We may make. You will be deemed to have accepted any changes to this Policy and to have agreed to comply with this Policy that is current at the relevant time each time You submit UGC to the Websites or Platform.