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Terms & Conditions - On a mission to continuously help launch the next star - The Next Star - On a mission to continuously help launch the next star - The Next Star
Terms & Conditions
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The herein terms and conditions (hereinafter referred to as “Terms”) constitute a contract between User (hereinafter referred to as “Contestant”, “Participant”, “User”, “You” or “Your”) and Balloon Technologies d/b/a “THENEXTSTAR” (hereinafter referred to as “THENEXTSTAR” that governs user’s access and use of the website. Please read these Terms carefully. Again, this constitutes a legally binding agreement between You and THENEXTSTAR. By your use of the website or participating in any contest, you agree to comply with all of the terms and conditions set forth in this document.

The domain name www.thenextstar.co.za (hereinafter referred to as "Website") is owned by Balloon Technologies SA Ltd, a corporation having its registered office located in South Africa.

YOU ACCEPT THESE TERMS BY ACCESSING OR USING OUR WEBSITE AND PARTICIPATING IN ANY OF OUR CONTESTS (THE “SERVICES”). PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE PARTICIPATING IN ANY OF OUR CONTESTS.

AND BY PARTICIPATING IN ANY OF OUR CONTESTS, YOU WILLFULLY AND WHOLEHEARTEDLY AGREE THAT PAYMENTS FOR VOTES THAT HAVE BEEN COUNTED WILL NOT BE REFUNDED UNDER ANY CIRCUMSTANCES.


1. ELIGIBILITY

User represents and warrants that (a) User has the right and authority to (i) enter into this Agreement; (ii) participate in any of our contests; and (b) he/she abides by all of the terms and conditions of this agreement and each specific contest.

Currently we accept entries from the following countries: South Africa.

Any entry by a User who is not eligible for THENEXTSTAR Contests shall be void and said User will be prohibited from future use of the Website and shall be required to forfeit any prizes won.


2. PURPOSE

We offer online contests, wherein we provide a forum for people to vote on various talents etc. These are skill based contests of which the videos/photoographs are judged by the community and the winner for each contest is determined by calculating the amount of votes for each specific contest and awarding the winner based on a majority of said votes.


3. SCOPE

Users are permitted to submit videos/photos of them performing an action, or of their families and friends performing an action. By submitting a photo/video, User warrants that he/she has the permission to submit the photo/video.
In submitting an entry to THENEXTSTAR the user releases the publicity rights to THENEXTSTAR. THENEXTSTAR is free to re-use and republish the picture(s) in any of their marketing materials in accordance with its Privacy Policy


4. GAMES AND/OR SWEEPSTAKES (THE “CONTEST”)

We provide a legal way to enjoy a free on-line contest with no monetary risk. Contests are free to enter and partake in. We require absolutely no purchase, of any kind, to participate. Users are permitted to vote as much as possible. New Contests begin every fourteen (14) to thirty (30) days. Each Contest, including its start and finish date, shall be posted on the Website.


4.1 CONTEST RULES

Remain polite: Our community brings together many different people. Please respect each and every individual, and remember that not everyone shares your ideas or beliefs. Thus, please remain polite and respectful with anything and everything concerned with this website.

Upload the contents that you have created: Please respect the copyright of third-party. Do not post the work of others. THENEXTSTAR reserves the right, in its sole and absolute discretion, to terminate the User account and proceed with any legal action in case of copyright infringement.

User content and comments: User is solely responsible for his/her content and comments. THENEXTSTAR reserves the right, in its sole and absolute discretion, to terminate User account and proceed with any legal action in case of threatening, harassing, inappropriate or objectionable content or comments of any kind.

Warning: You will receive one warning notice if you breach any of the rules of this website (“First and Final Warning”). THENEXTSTAR reserves the right, in its sole and absolute discretion, to terminate the User account and proceed with any legal action in case of second breach or serious misconduct.

User profile should not contain any photo of any inappropriate content: THENEXTSTAR reserves the right, in its sole and absolute discretion, to terminate the User account if the user upload any inappropriate content on the website.

No logos or banners: User accounts may be terminated if users use it to post elements from the other websites - icons, emoticons, avatars, badges, images from other websites or any other internet signs which have no relation to our site.

Users may not use a User account as a sales platform: THENEXTSTAR is a website for personal usage. If User attempt to sell products, services or yourself through a User account, we reserve the right to terminate the User account. All commercial and sales use of THENEXTSTAR and its technology and accounts are subject to the approval of THENEXTSTAR. If User has a specific commercial usage of our website, User must contact us first to discuss what User would like to do.

Violation of rules: THENEXTSTAR reserves the right to remove any User entry from a Contest for any User who violates any of the herein rules and regulations, the terms of service, the privacy policy or any other applicable law or rule.


4.2 VOTES

Buying Votes: One may buy votes for any User, including themselves, via bank transfers, credit and debit card. THENEXTSTAR is not responsible for any problems that may arise while processing transactions. Moreover, no refund will be made by the THENEXTSTAR for any purchase made by the User. Purchased votes are weighted the same as free votes. In the event a User purchase votes for the wrong recipient, no refund will be given for that transaction.

Voting Exchanges: Any type of voting exchange method or vote for vote technique to solicit additional votes on your entry are expressly prohibited. THENEXTSTAR reserves the right to disable/terminate user accounts with voting exchange activity without prior warning.

Voting Timing: Voting, both paid and free, shall begin immediately after the Contest opens and shall continue through the last second that the Contest remains active.

Voting Safeguards: THENEXTSTAR has taken precautions to guard against cheating. More specifically, creating multiple accounts to increase vote counts, bot voting, automated voting, bulk entries, and automated entries are expressly prohibited. Any User caught engaging in the foregoing conduct will be banned from use of the Website and all entries from said User will be immediately voided and THENEXTSTAR will proceed with any legal action in case of fraud.

• THENEXTSTAR shall not, in any case, be responsible and/or liable for late entries, faulty entries, technical malfunctions of the Website and/or any other issues that prevent, prohibit and/or impede the submission of entries.


5. PRIZES AND REDEMPTIONS

We offer prizes to the winner of each Contest. Winners shall receive an email notification within 24 hours following the completion of each contest with a means to grant them their prize. The prizes that may be awarded to the user are (i) redeemable by that particular user only; (ii) not transferable by that account user to another account user or any third party; and (iii) redeemable for cash or equivalent and will be transferred within 30 days. THENEXTSTAR reserves the right to amend terms and conditions for such cash prizes at any time and without prior notice. If prizes are in kind, we are not responsible for undeliverable, lost, delayed, damaged, misdirected, or misaddressed package or any other issues regarding the delivery/shipping of the prize(s).

If a prize goes unclaimed for a period of twenty-one (21) days, the prize will be awarded to the runner up.


6. LICENSE

Our website, software and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of our Website is based on the license of THENEXTSTAR’s Intellectual property to User. THENEXTSTAR grants User a limited, non-transferable license to use its website, tools and related services in accordance with these Terms. THENEXTSTAR reserves all rights in the Intellectual Property not expressly granted to user. THENEXTSTAR provides the contests solely on an “AS IS” basis and disclaims all warranties and liability for Users use of the THENEXTSTAR’s website, tools and related contests. THENEXTSTAR reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the websites and/or contests offered on or through the websites (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services.


7. REGISTRATION

To become a Registered User, you must accept all of the terms and conditions in and/or incorporated by and/or linked to these Terms. By becoming a Registered User, you agree to: (1) abide by the Terms and Conditions, Privacy Policy, Legal Disclaimers, processes, and procedures described throughout the Website; (2) be financially responsible for your use of the Website; and (3) perform your obligations as specified under these terms, unless such obligations are prohibited by law or by the Terms. THENEXTSTAR reserves the right, in its sole discretion, to refuse, suspend, or terminate a User account at any time for any reason or no reason.


8. PRIVACY POLICY

THENEXTSTAR will safeguard account information in accordance with our Privacy Policy. You consent to THENEXTSTAR's use and display on the Website of anonymous data records from information collected from your use of our website


9. VERIFICATION

In order to verify information provided by a User, THENEXTSTAR may require Users to perform certain actions which may include providing an e-mail address, mobile phone number, and other information to verify a State identification and other legal documentation provided. User agrees that our Identity Verification Services may not be fully accurate as all Services are dependent on the accuracy of User’s information.


10. INTELLECTUAL PROPERTY

For purposes of this Agreement, “Intellectual Property” shall mean (a) methodology for the provision of the Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. THENEXTSTAR hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by THENEXTSTAR. You acknowledge that all right, title and interest to the Intellectual Property is owned by THENEXTSTAR. User agrees that it shall not share Intellectual Property with any third party and/or use Intellectual Property for any purpose not associated with the use of the Website and/or Contest without the express written permission of THENEXTSTAR.


11. USER CONTENT

Users are solely responsible for their photos/videos and must uphold and respect the integrity of the website in posting them. More specifically, Users must ensure that the photos/videos they submit for Contests do not constitute the following:

• A breach of intellectual property rights of a third-party and/or of companies of group management from which no permission has been acquired and contracted, as they are sole owners of the aforementioned rights. By putting photos/videos online and allowing these photos/videos to be viewed by other site users, Users guarantee that they retain all rights and authorisations from those concerned, and that they are devoid of all rights and payments concerning posted photos/videos from companies of group management;

• Harm to individuals and to respect for private life. User agrees to obtain the necessary authorisations concerning reproduction of and representation of any photo from anyone used in photos presented in the context of the contest concerned.

• A threat to public order and publicly-recognised morality. It is the responsibility of the user to maintain certain ethical standards with regard to pictures/videos and / or comments made available online and, in particular, to refrain from disseminating any violent or pornographic content or that which could be deemed detrimental to the reputation of, or privacy of the individual concerned.


THENEXTSTAR reserves the right to refuse and/or exclude and/or remove any photo for the following reasons:

• Any photo displaying vulgarity

• Any photo outlawed for commercial, moral or public conditions.

• Any photo which is contrary to morality and/or public order, particularly those of unclothed persons.

• Any photo representing an element subject to intellectual and industrial property, such as an original work, a trademark, a registered design, etc.


THENEXTSTAR shall not be liable for any content posted by a User.

THENEXTSTAR reserves the right to temporarily or permanently block Users.


12. RIGHTS OF USAGE OF PHOTOGRAPHS/VIDEOS GIVEN TO THENEXTSTAR

Each User in the "THENEXTSTAR" contest deliberately authorises that his/her name and photograph/video be published on the Website


13. USER’S CONDUCT

User acknowledges and agrees to not use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following (note that the following list is not all-inclusive):

• Illegal and fraudulent information.

• threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law.

• Trojan horse, worm or other disruptive or harmful software or data.

• Any other information or content which is not legally yours and without permission from the intellectual property rights owners.


14. MONITORING

THENEXTSTAR may monitor Users’ accounts. We may disclose any information necessary for our legal obligations to protect THENEXTSTAR or its users. THENEXTSTAR, in its sole discretion, may refuse to create or remove any account, in whole or in part, alleged to be unacceptable, inappropriate, or in violation of these terms and conditions.


15. SUPPORT

Customer support is available electronically. Any such inquiries should be submitted to info@thenextstar.co.za and THENEXTSTAR will make every effort to respond to same with three (3) business days.


16. PROHIBITED ACTIVITIES

Other than as permitted herein, User shall not (and User shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. User shall not (and User shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, account, or any security information of other users; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the website, or that otherwise interfere with the proper working of the website (including by placing an unreasonable load on the websites’ infrastructure); (v) interfere or attempt to interfere with the proper working of our contests or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the website; or (vii) bypass any measures THENEXTSTAR may use to prevent or restrict access to the website, software or the games.


17. DISCLAIMERS

USER EXPRESSLY UNDERSTANDS AND AGREES THAT USER’S USE OF THE WEBSITE AND THENEXTSTARS’ SERVICES IS AT USERS SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THENEXTSTAR AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

THENEXTSTAR AND ITS EMPLOYEES/AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE THENEXTSTAR STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, THENEXTSTAR CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.


18. LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE THENEXTSTAR OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTEST AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE THENEXTSTAR OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE THENEXTSTAR NOR ANY OF ITS PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE THENEXTSTAR IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.


19. INDEMNIFICATION

You agree to defend, indemnify and hold THENEXTSTAR and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website.


20. JURISDICTION AND APPLICABLE LAW

The use of the website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of the country of Ireland, without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in South Africa for any action or proceeding arising out of or relating to these Terms and Conditions.


21. ENTIRE AGREEMENT

These Terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between User and THENEXTSTAR. No action of THENEXTSTAR, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of THENEXTSTAR is authorised to waive it orally.


22. WAIVER AND SEVERABILITY

If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.


23. UPDATES

We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. If any modification is unacceptable to you, your sole remedy shall be to terminate your User Account. Your continued use of website will constitute binding acceptance of such modifications.


24. ELECTRONIC COMMUNICATION

When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, legal notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.


25. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]

THENEXTSTAR

Support: info@thenextstar.co.za