Terms & Conditions

User Agreement

This agreement was last updated on 1st July 2009.

By proceeding beyond this point you agree as follows:

1. Parties

This agreement is made between you and 46664 Limited ("46664"), a company incorporated in the United Kingdom.

2. Definitions

“Charities” means any of the charitable causes supported by the 46664 campaign or the Nelson Mandela Foundation;

“Code of Conduct” means the codes of conduct (whether listed together or separately) which may displayed by the Forum Operators from time to time concerning etiquette, protocols and other practices to be observed by Forum Users;

“Events” means any of the officially branded 46664 concerts or live events;

“User” means any person viewing, interacting with or otherwise accessing the Website;

“Forum” means any part of the Website where a User may post information and/or upload Web Content not originated by 46664 for display at the Website, whether or not that content is controlled by an Operator, the User or 46664;

“Operator” means any party engaged by 46664 to operate the Website or any part of the Website or its functions;

“Servers” means the servers on which Web Content and User Data may be stored from time to time;

“User Messages” means any notices or information posted publicly in any Forum by Users;

“User Data” means any information displayed at or acquired via the Website concerning Users;

“Web Content” means all software, layout, logos, marks, artwork, literary works, musical works, films and any other constituent elements of the Website from time to time other than User Messages and User Data;

“Website” means the website the homepage of which is currently found at www.mandeladay.com and any future incarnation of this website and any webpages hosted on behalf of 46664 which is accessed from this website in such manner to appear to be part of the website;

3. User Obligations

3.1 You shall not use the Website, Web Content or User Data in any unlawful manner or in any manner likely to bring the Website or 46664 into disrepute.

3.2 You shall not use the Website in any manner likely to injure, offend or become a nuisance to 46664 or any User and in particular you shall not send so-called spam emails to any User.

3.3 You shall not sell, republish or otherwise deal with User Data without the written consent of the relevant Users.

3.4 You shall not copy any part of the Web Content without the written consent of 46664 and (if applicable) the copyright owner of the Web Content.

3.5 You shall not attempt to access any Web Content that is protected, locked or otherwise not openly accessible to Users nor shall you introduce any virus or other technological harm to the Website, the Servers or to any User.

3.6 You shall observe all relevant Codes of Conduct.

3.7 46664 reserves the right to suspend or terminate your membership of the Website at any time without notice.

4. User Data

4.1 46664 may, either by itself or through its Operator, retain all User Data relating to you for the purposes of its own market research and any other lawful use consented to by you. For the avoidance of doubt, 46664 shall not supply User Data relating to you to any third party other than its Operators without your permission.

4.2 46664 may in its sole discretion delete any User Data relating to you from the Servers without reference to you.

4.3 You warrant that all User Data supplied by you shall be accurate.

5. User Messages

5.1 You grant 46664 the irrevocable perpetual right to publish User Messages posted by you on the Website and/or in relation to the Charities and/or the Events and to attribute those messages as coming from you.

5.2 You warrant that User Messages posted by you shall not be blasphemous, defamatory, deliberately or recklessly false, likely to injure or infringe the rights of any person or bring the Website, the Events or the Charities into disrepute.

5.3 46664 reserves the right to disable or remove from the Website any User Messages provided by you without notice to you.

6. Liability and Indemnity

6.1 Neither 46664 nor any director, Operator, subcontractor or employee of 46664 shall be liable for any loss caused to you in connection with the Website save in respect of any negligently caused physical injury or death. In particular, 46664 makes no warranty as to the accuracy of User Data or User Messages.

6.2 You indemnify 46664 for any loss caused to 46664 or the Charities resulting from a breach of any warranty or undertaking under this agreement.

7. Governing Law

The laws of England shall govern this agreement and the English Courts shall have exclusive jurisdiction.

Terms of Service for Mandela Day Premium Player

Acceptance of Terms of Service

These Terms of Service ("Agreement") constitute a binding legal agreement between you, an individual, and 46664 Limited, a company wholly owned by the Nelson Mandela Foundation ("46664") regarding your use of Mandela Day Premium Player website at www.premium.mandeladay.com (the "Site") and 46664 webcast content subscription service (the "Service"). Please read this Agreement carefully. By using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Site or the Service.

The terms "you," "your," and "yours" refer to you, the individual using the Site or the Service. The terms "we," "us," and "our" refer to 46664 and its suppliers.

The Site and Subscription Service

Visitors to the Site may browse and view 46664 content and use a limited, revocable, non-transferable, non-commercial use end-user license of the demonstration version of the Pecunia TVos proprietary video technology. Subscribers to the Service may, in accordance with this Agreement, may view 46664 content a single personal computer in accordance with the description of the applicable subscription.

Eligibility

You must be 18 years of age or older, or you must have the consent of an adult to subscribe to and use the Site or the Service. Use of the Site or the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that you are 18 years of age, older, or have the consent of an adult, and are fully able and competent to enter into, and abide by the terms of this Agreement. You represent and warrant that you do not find profanity or profane lyrics offensive or indecent, and that you will not allow any person other than yourself to utilize your subscription.

Account Registration

You must register for and maintain a subscriber account to use the Service. In order to subscribe, you must also enter a valid credit card number that is in your name, or that you are otherwise authorized to use, and use the specified third-party payment processor to process your credit card transaction. When subscribing, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your subscription and your use of the Service.

Your subscription entitles you to access the Service solely for personal, non-commercial use, from a single computer at a time. You are solely responsible for all activities that occur through your subscription account. You must not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security or the terms of this agreement.

Fees and Payment

When you subscribe to the Service, you will incur a one-time subscription fee at the rate currently listed on various webpages, including but not limited to the “Welcome”, “Register”, and “Payment” pages of the Site. By subscribing to the Service, you authorize 46664 and its suppliers to direct the specified third party payment processor during the registration process to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your subscription, in United States dollars, including all applicable taxes. You must comply with the terms established by the payment processor. You acknowledge and agree that 46664 and its suppliers undertake no responsibility regarding the payments you make to the payment processor for your subscription to the Service. All disputes regarding payment, refunds, non-payment, and any other matter having to do with subscription payments charged to you by the payment processor as a result of your subscription of the Service are between you and the payment processor. You indemnify and hold 46664 and its suppliers harmless from any and all claims by you or the payment processor regarding any of the foregoing.

Expired or Refused Credit Card and Other Billing Issues

If 46664 does not receive payment from the specified payment processor in respect of your subscription for any reason, your subscription and therefore access to the Service will be denied. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.

Restrictions

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use for any commercial purpose any content, or any portion of content, that is available on the Service or utilize any tool or content furnished by 46664 through the Service for any purpose other than your personal end use; (b) use any automated tool to use the Service; (c) make available your access to the Service to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Site or Service; (e) use the Site or Service in a manner that threatens the integrity, performance, or availability of the Site or Service; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Service, or content that you download via the Service.

Personal Data

46664 may, either by itself or through its operator, retain all personal data relating to you for the purposes of its own market research and any other lawful use consented to by you. For the avoidance of doubt, 46664 shall not supply personal data relating to you to any third party other than its operators without your permission. 46664 may in its sole discretion delete any such data from its servers without reference to you. You warrant that all personal data supplied by you shall be accurate.

Modifications to the Service

46664 reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Without limiting the generality of the foregoing, 46664 reserves the right to remove content from the site and from the scope of the Service without notice, to edit or delete any user generated content or to discontinue any feature allowing user generated content. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any feature thereof.

Term and Termination

We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.

You will remain liable for all fees incurred during your subscription, even after your subscription is terminated. 46664 and its suppliers are not liable for any loss of data or any other information caused by any termination of your subscription. Please see "Disclaimer of Warranties" and "Limitation of Liability" below.

Ownership

We, our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site, the content on the site and the Service. Except for the limited license described in "The Site and Subscription Service" above, no other rights are granted, either express or implied, to you.

As part of your subscription, you will have the ability to generate certain content through use of the site. A current example of this ability includes your ability to ask artists questions prior to and during the live broadcast. We may add additional features that allow you to generate content in the future. You acknowledge and agree that you are not required to generate any content in order to use the Service. You further acknowledge and agree that all content generated by you shall be the sole property of 46664 and that you have no right to any of the content you may generate while using the Service. 46664 shall in its sole discretion have the right to edit or delete any content generated by you. 46664 may use any content generated by you for any purpose, commercial or otherwise, in its discretion, and you disclaim any ownership or right to any profit associated with any such content. 46664 reserves the right to discontinue any features that allow the creation of user generated content at any time, without notice and further reserves the right to curtail or suspend your ability to generate user generated content at any time, without notice.

You represent and warrant to 46664 that in generating any content in connection with the Service, you will not generate any content that violates the intellectual property rights or other rights of any third party. You agree to indemnify and hold 46664 harmless for all claims made against 46664 in respect of violations by you of the foregoing representation and warranty.

Copyright Infringement

46664 respects the intellectual property rights of others. If you believe that your work is available on the Site or Service in a way that constitutes copyright infringement, please contact 46664 at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

46664 designated agent for notice of copyright infringement can be reached at: info@46664.com

Feedback

If you provide feedback to us regarding the Site or the Service ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

Disclaimer of Warranties

BY YOUR USE OF THE SITE OR THE SERVICE AND YOUR USE OF THE PAYMENT PROCESSOR IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 46664 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 46664 OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

46664 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 46664 HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR YOUR USE OF THE PAYMENT PROCESSOR. UNDER NO CIRCUMSTANCES WILL 46664'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY OR ON BEHALF OF YOU TO 46664 IN THE 12 MONTHS PRECEDING THE EVENT FROM WHICH THE CLAIM AROSE, OR $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY 46664 TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

Indemnity

You will defend, indemnify and hold 46664, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and liability arising out of your use of the Site, Service, or your violation of this Agreement.

Links to Third Party Sites

The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by 46664 and you acknowledge that 46664 is not responsible for any content on any linked site. 46664 provides links as a convenience only, and the inclusion of any link does not imply endorsement by 46664 of any linked site.

Updates to this Agreement

We may occasionally update this Agreement. When we do, we will revise the "last updated" date on the Agreement, and you may view the most current version at www.premium.mandeladay.com. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Site or to subscribe to the Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and 46664 regarding the Site and the Service.

General Legal Notices

46664's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. 46664 will have no liability to you for any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond 46664's reasonable control.

By using the Service, you consent to receiving electronic communications from 46664. These communications will include notices about your subscription and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

This Agreement is governed by the laws of the State of New York, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You irrevocably consent to the joint exclusive jurisdiction of the courts of England and Wales and those of the State of New York.

Any controversy or claim arising out of or relating to the Service or this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the State of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by laws of the state of New York. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

Contacting 46664

If you have any questions or concerns about this Agreement or the Site or Service, please send us a thorough description by email to info@46664.com.