Terms of Service

1. ACCEPTANCE TERMS OF SERVICE

We (hereafter referred to as "Provider", "we", "us" or "our") offer premium digitalentertainment solutions. These services are available as a browser-based application("Services").

By visiting the website ("Sites") and/or registering the Services, you accept that you areentering into a binding contract with us governed by the Terms of Service, Additional Termsif applicable, and Privacy Policy.

Please take the time to read and understand the Terms of Service. If you do not agree withthe Terms of Service, Additional Terms as well as the Privacy Policy, please don't use theSites or any of the Services.

The Terms of Service, Additional Terms and Privacy Policy may be updated without priorwritten notice to you at any time. These changes will form part of the Terms of Service,even if you do not re-use the Sites. You are responsible for being familiar with anyamendments or modifications of the Terms of Service, Additional Terms and Privacy Policy.

2. ACCESS AND AVAILABILITY

Full access to the Service can be provided by a fee-based subscription which can be purchasedfor different periods and will be automatically renewed if not cancelled. We grant oursubscribers full access to the content as long as they have an active subscription.

The fees shall become due upon purchase of the subscription irrespective of whether or notyou actually use the Service; the consideration for the fees shall solely be the provisionof the right to download, receive and/or access the content.

You are fully responsible for all activities that occur through your subscription. Thatresponsibility includes, but is not limited to, the responsibility that you ensure timelypayment of any fees, tariffs or other charges for getting access to the Services or anyproducts and services made available through the Services. You agree to notify usimmediately in case you become aware of or suspect unauthorized use of your subscription orany other breach of security.

The Service is provided "as is" and "as available" at the time of use or consumption andProvider does not accept any liability or provide any guarantees if personal settings,information or messages are not saved (on time), are deleted or incorrectly delivered.

To make the most out of our Service you must have the necessary mobile communication meanswith easy internet access. Some wireless applications are only available for a select numberof mobile devices. This is an issue with its manufacturers, hence out of the control ofProvider. To prevent any disappointment, we ask you to check the compatibility of yourdevice before subscribing to the Service.

Any equipment or software causing interference shall be immediately disconnected from theService and Provider shall have the right to immediately terminate or suspend the Service.

3. AGE RESTRICTION

In order to use the Service you (a) must at least have reached the age as per the rules andregulations of your country of residence and have bill payer's permission to sign-up for anduse the Service on his behalf and (b) agree on behalf of the bill payer and yourself to bebound by the Terms of Service, Additional Terms and Privacy Policy.

4. FEES

For getting full access to a Service you will be charged the applicable fees.

The charges will be invoiced through the mobile bill you receive from the mobile operator ofyour network or through any other selected payment method. Separate text message fees and/ornetwork fees from your mobile operator can apply.

In the free welcome message from Provider you will find information about the Service fee andthe frequency of the Service. We ask you to check and store this welcome message on yourmobile device.

All fees, including fees for existing subscription contracts, are subject to change uponnotice from us. We will provide you with reasonable notice of such change. If you do notaccept the new fees (which will be applicable on a prospective basis only), you may cancelyour subscription effective immediately upon termination.

If you dispute any payment made, you must contact us immediately and provide full details ofyour claim.

5. SECURITY AND REGISTRATION OBLIGATION

To guarantee safe use of the Service, as well as payment of the applicable fees, you must beregistered. You guarantee that the personal information ("Registered Information") providedto us is correct and complete at all times. If Provider, in its sole discretion, has reasonto believe that the Registered Information is not accurate or complete, Provider is entitledto suspend or terminate your account and to withhold both current and future use of theService, or any component of it.

You are responsible for maintaining the secrecy of any passwords and/or accounts issued toyou by Provider, and you are fully liable for all actions carried out involving the use ofyour password or account. You should contact Provider if you notice or suspect thatunauthorized use has been made of your password or account, or any other breach of security.Also contact us if you learn of any other unlawful material or activity on the Services, orany material or activity that breaches these Terms of Service or Additional Terms.

Provider may provide you with access to some Services without being registered, such assign-up via your mobile device for the Service. In each such case your identification isbased on means of identification that we deem appropriate, such as your mobile telephonenumber.

6. CHANGES OF THE SERVICES

We reserve the right to upgrade, amend, suspend or discontinue the Services without priornotification at any time. You agree that we shall not be liable to you or to any third partyfor any amendment, suspension or discontinuance of the Services and you will not be entitledto any compensation or other payment.

7. CODE OF CONDUCT

You agree to use the Service in accordance with the following Code of Conduct:

a. you will not use the Services for any illegal, unauthorized or commercial purpose;

b. you will keep all information provided to you through the Service as private andconfidential and will not give such information to anyone without the permission of Provideror the person who provided it to you;

c. you will not use the Service to engage in any form of harassment or offensive behavior,including but not limited to the posting of communications, pictures or recordings whichcontain libelous, slanderous, abusive or defamatory statements, or racist, pornographic,obscene, or offensive language or images;

d. you will not use the Service to infringe the privacy rights, property rights, or any otherrights of Provider or any person;

e. you will not use the Service in any way which violates, plagiarizes or infringes upon therights of Provider or any third party, including but not limited to any copyright or privacyor other personal or proprietary rights, or is fraudulent or otherwise unlawful or violatesany law;

f. you will not reproduce, copy, sell, resell or use the Service, in whole or in part; and

g. You are responsible for ensuring that your equipment and/or software do not disturb orinterfere with Provider's operations.

8. BREACHING TERMS

Without prejudice to our other rights under these Terms of Service and Additional Terms, ifyou breach these Terms of Service and/or Additional Terms in any way, or if we reasonablysuspect that you have breached these Terms of Service and/or Additional Terms in any way, wemay:

a. send you one or more formal warnings; b. temporarily suspend your access to the Services;c. permanently prohibit you from accessing the Services; d. block computers using your IPaddress from accessing the Services; e. contact any or all your internet service providersand request that they block your access to the Services; f. commence legal action againstyou, whether for breach of contract or otherwise; and/or g. suspend or delete your accounton the Services. and you agree that you will not receive refund of subscription fees alreadypaid to us.

Where we suspend or prohibit or block your access to the Services or a part of the Services,you must not take any action to circumvent such suspension or prohibition or blocking(including without limitation creating and/or using a different account).

9. PRIVACY POLICY

Our use of your personal information is governed by our Privacy Policy. Our Privacy Policyforms an integral part of the Terms of Service, and by agreeing to the Terms of Service, youalso give consent to the way we may handle your personal information as detailed in ourPrivacy Policy.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Provider, its parent companies,subsidiaries, related entities, affiliates, subcontractors and their respective directors,officers, agents, employees and their representatives from and against any and all claims,damages, lawsuits, demands, actions, liabilities, or other proceedings brought against it byany third party due to, arising out of, or related to: (i) the use of the Service, thecontent, the downloads, Software and Sites, including without limitation, your downloadsfrom the Sites; (ii) violation of the Terms of Service and/or Additional Terms; (iii) anybreach of any express or implied representation(s) or warranty(ies) allegedly made byProvider; or (iv) violation of any law, regulation or third party rights. You shall pay anyand all costs, damages and expenses, including, without limitation, reasonable attorneys'fees and costs awarded against or otherwise incurred by Provider in connection with orarising from any such claim, lawsuit, action, liabilities, demand or other proceeding.

11. CANCELLATION AND TERMINATION

Information related to cancellation and termination of Services can be found on the Sitesthat correspond with the Service. Also, in the free welcome message from Provider you willfind information on how to cancel the Service. In addition, an e-mail can be sent to themail address, as communicated to you on the Sites and/or through our Services.

When your country of residence is part of the European Union and you have purchased asubscription, you have the right to withdrawal from a subscription within 14 days withoutgiving any reason. The withdrawal period will expire after 14 days from the day of purchaseof subscription. To exercise the right of withdrawal you must inform us of your decision towithdraw from the purchase by an unequivocal statement. You may use enclosed European modelwithdrawal form, but this is not obligatory. To meet the withdrawal deadline, it issufficient for you to send your communication concerning your exercise of the right ofwithdrawal before the withdrawal period has expired. If you withdraw from the purchase, weshall reimburse to you all payments received from you, without undue delay and in any eventnot later than 14 days from the day on which we are informed about your decision towithdrawal from the purchase. You will not incur any fees as a result of such reimbursement.If you us the Service during the withdrawal period, you shall pay us an amount which is inproportion to what has been provided until you have communicated us your withdrawal from thesubscription, in comparison with the full coverage of the subscription. The right ofwithdrawal does not apply for renewal of subscription.

12. ADVERTISING

As far as your country of residence allows us, we may use advertisements and promotions. As acondition to using the Services, you agree that we may display advertisements and otherpromotions on our Sites and deliver advertisements and promotions on your mobile device orotherwise in connection with our Services. You also agree that you will not attempt to blockor otherwise interfere with such advertisements or promotions.

We will not share your personal details with third parties without your consent. You have theright to ask us at any time not to contact you by way of direct marketing.

The inclusion of any advertising or promotion on our Sites or in our Services does notconstitute any endorsement by Provider of such content, product, service or company.Provider shall not be a party to, or in any way responsible for, any transaction concerningproducts or services made available from such third parties or for any content orinformation presented in connection with any products or services of third parties. Youagree that provider is not liable for any damage of any nature whatever that may be theresult of such transactions.

13. INTELLECTUAL PROPERTY RIGHTS

You are aware and agree that software used in connection with the Service ("Software"), theSites as well as the Services contain information and marks that is protected by valid andapplicable copyright law, trade secret law, trademark law and any other intellectualproperty rights and laws. Except as otherwise set forth herein, all now known and hereafterrights of every nature worldwide pertaining to the Sites, Services and Software in or aspart of any version, belongs to us at all times ("Intellectual Property Right").

You agree to make no claim of interest in or ownership of any Intellectual Property Rightsand you acknowledge that no title to the Intellectual Property Rights is transferred to you,and that you do not obtain any rights, express or implied, other than the rights expresslygranted in the Terms of Service and/or Additional Terms.

You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell,distribute, create or generate content or products partially or entirely derived from theService or the Software except in the event that Provider has given you explicit writtenpermission to do so.

Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable,non-exclusive, revocable and non-assignable license and permission to install the Softwareand download the content to use the Service on a designated compatible mobile device solelyfor your own personal non-commercial use and to use the Software and the Sites solely inaccordance with the Terms of Service and Additional Terms, as long as you do not copy, alteror amend any Software, source codes or content, or reproduce, modify, perform, transfer,distribute, sell, resell, create a derived product or content from it, or carry out reverseengineer or reverse assembly those, or otherwise attempt to find a source code, and youagree not to sell any rights related to the content, the Software and the IntellectualProperty Rights, code those, issue sub-licenses for those, encumber those with securityrights or otherwise transfer those. You guarantee that you will not amend the content, theSoftware and Intellectual Property Rights in any way or use amended versions of the Softwareand Intellectual Property Rights, including (but not limited to) in order to gainunauthorized access to the Service. You guarantee that you will only use the interfaceprovided by the Provider in order to access the Service. Provider herewith grants permissionto make only one copy of the information on the equipment you use for gaining access to theService and to use and display the copy of the Registered Information made on that equipmentfor private purposes.

We respects the intellectual property rights of others and expects you to do the same. Weenforce third party's intellectual property rights and can, in appropriate circumstances,suspend or terminate the accounts of subscribers or users who are infringers. We willrespond expeditiously to claims of copyright infringement committed using our Servicesand/or Sites, if such claims are reported to our Designated Copyright Agent identified inthe sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act underany exclusive right under copyright, please report alleged copyright infringements takingplace on or through the our website by completing the following DMCA Notice of AllegedInfringement ("Notice") and delivering it to our Designated Copyright Agent. Upon receipt ofthe notice as described below, we will take whatever action, in own sole discretion, itdeems appropriate, including removal of the challenged content from the Services and/orSites.

To file a DMCA Notice of Alleged Infringement, please:

1) Identify the copyrighted work that you claim has been infringed, or - if multiplecopyrighted works are covered by this Notice - you may provide a representative list ofcopyrighted works that you claim have been infringed.

2) Identify the material or link you claim is infringing (or the subject of infringingactivity) and to which access is to be disabled, including at a minimum, if applicable, theURL of the link shown on the Services and/or Sites or the exact location where such materialmay be found. Provide your company affiliation (if applicable), mailing address, telephonenumber, and, if available, email address.

3) Provide your full legal name and your electronic or physical signature.

4) Include both of the following statements in the body of the notice: "I hereby state that Ihave good faith belief that the disputed use of the copyrighted material is not authorizedby the copyright owner, its agent, or the law (e.g., as a fair use)" and "I hereby statethat the information in this notice is accurate and, under penalty of perjury, that I am theowner, or authorized to act on behalf of the owner, of the copyright or of an exclusiveright under the copyright that is allegedly infringed".

14. NO WARRANTY

WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS ANDLICENSORS (THE "PROVIDER PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROMYOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND ANDAGREE THAT: a. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLYDISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED,STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE AND SITES,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; b. THE PROVIDER PARTIESDISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OFTHE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THESERVICE, THE CONTENT, SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONOF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES WILL REMAIN AVAILABLE, BE UNINTERRUPTEDAND ERROR FREE; c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMUS OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOTRELY ON ANY SUCH INFORMATION OR ADVICE;

d. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT, SOFTWAREAND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANYDAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR LOSS OF DATA THAT RESULT FROM THEDOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES; e. IMAGES OF PERSONS SHOWN ON THESITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUALPEOPLE THAT PROVIDE THE SERVICES TO YOU;

f. WE ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS ORFACTS AS PRESENTED IN THE CONTENT AND/OR SITES; AND

g. THE SERVICE IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING AND,THE PROVIDER IS NOT PROVIDING MEDICAL TREATMENT OR ADVICE.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE LIABLE TO YOUOR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGESFOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THELIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWAREAND SITES, EVEN IF PROVIDER'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOTALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS SECTION, SO THE FOREGOING LIMITATIONOR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROVIDER PARTIES' TOTAL LIABILITYTO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THECONTENT, THE SOFTWARE AND SITES.

16. GENERAL INFORMATION

These Terms of Service, Additional Terms and our Privacy Policy form the entire legalagreement and understanding between you and Provider and supersede all previous agreements,understandings and representations between you and Provider relating to the Sites or theServices. You agree that no joint venture, partnership, employment or agency relationshipexists between you and us as a result of the Terms of Service, Additional Terms or the useof the Sites or the Services.

You may not transfer any of your rights or delegate any of your obligations under thisagreement without our prior written consent. Nothing in this agreement affects yourstatutory right as a consumer.

17. GOVERNING LAW, JURISDICTION AND SEVERABILITY

National laws from your country of residence are applicable to the relationship between youand Provider, regardless of provisions of applicable international law. You and Providerhereby waive any right to jury trial with respect to any action brought in connection withthe Terms of Service and/or Additional Terms. The application of the United NationsConvention of Contracts for the International Sale of Goods is expressly excluded.

Disputes will be submitted to final and binding arbitration under the rules of thearbitration association in your country. Any failure by Provider to exercise or invokecertain rights or stipulations laid down in the Terms of Service and/or Additional Terms, inno way constitutes a waiver or renunciation of those rights or stipulations.

In the event any provision of the Terms of Service and/or Additional Terms, is determined tobe invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator,such determination shall in no way affect the validity or enforceability of any otherprovision herein.

When your country of residence is part of the United States of America, notwithstandinganything to the contrary in these Terms of Service and Additional Terms, the applicablefederal laws of the United States of America and the laws of the State of Texas, withoutreference to conflict of law principle, will govern the relationship between you andProvider under these Terms of Service and Additional Terms. You and Provider hereby waiveany right with respect to any action brought in connection with the Terms of Service andAdditional Terms (i) to a jury trial, and (ii) to join any claim with the claim of any otherperson or entity in a lawsuit, arbitration or other proceeding, or to otherwise file a classaction or seek relief on a class basis. Except as provided herein, disputes will besubmitted to final and binding arbitration before a single arbitrator through telephonehearing or by in-person hearing in the county where you reside, in Dallas Texas, or in anyother location that you and we mutually agree to. The arbitration will be administered byJAMS pursuant to its Streamlined Arbitration Rules and Procedures and judgment on the awardmay be entered in any court having jurisdiction. This clause shall not preclude you or usfrom (i) seeking provisional remedies in aid of arbitration from a court of appropriatejurisdiction, or (ii) filling claims on an individual basis, if they qualify underapplicable rules, in an appropriate small claims court.

DISCLAIMER

Bright Mobile is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Bright Mobile may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za

HoopersTV is a subscription service charged at R10/day. By using the service you agree that you are 18 years or older and have the bill payers permission. Compatible handsets only. To unsubscribe dial *135*997#. For help, send an email to help@southafricahooperstv.com. By using the service you agree to receive promotional material relating to this and similar services. Service provided by BRIGHT MOBILE B.V., Amalialaan 126B, 3743 KJ Baarn, The Netherlands.

This service must not be used:

(i) to intentionally engage in illegal conduct,

(ii) to knowingly create, store or disseminate any illegal content,

(iii) to knowingly infringe copyright,

(iv) to knowingly infringe any intellectual property rights, or

(v) to send spam or promote the sending of spam.

We have the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations, and we have right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.