These Terms and Conditions govern your use of this website and any products, channels, software, data feeds and services, including the embedded video player provided to you. In using this website, you are expected to have read in full and agreed to the Terms and Conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on access through or contribute to the Service.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: Client, You, and Your refers to you, the person accessing this website and accepting the Companies terms and conditions. The Company, Ourselves, We and Us refers to our Company. Party, Parties, or Us refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Clients needs in respect of provision of the Companies stated services/products, in accordance with and subject to prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
OUR POLICIES AND REQUIREMENTS FOR USERS/CONTENT PARTNERS/PREMIUM PARTNERS/CONTROL/SUPERVISION
Requirements for Users:
You must be at least [18] years of age to use this website. By using this website and by agreeing to these Terms and Conditions you warrant and represent that you are at least [18] years of age.
By submitting your text, software, scripts, graphics, photos, sounds, music, video to our website for consideration for posting you hereby confirm the rights and responsibilities that you have with regard to the video and hereby grant SurgeZirc NG the irrevocable right and license to duplicate, broadcast, exhibit, transmit and exploit the video, or to allow SurgeZirc NG to grant sub-licenses to third parties to duplicate, broadcast, exhibit, transmit and exploit the video, on the internet, mobile platforms or other media throughout the world.
You hereby acknowledge that you shall receive valuable consideration from the SurgeZirc NG for submitting your text, software, scripts, graphics, photos, sounds, music, and videos for posting to our website.
You represent that you either created the content yourself or have received the legal right and authority from the person who created the text, software, scripts, graphics, photos, sounds, music, video to grant SurgeZirc NG full and unrestricted rights to the text, software, scripts, graphics, photos, sounds, music, video, and that our exercise of such rights shall not constitute an infringement of any copyright, civil, personal or property right of any third party. If you are submitting a text, software, scripts, graphics, photos, sounds, music, video, you represent that you have full authority, permission and license from all copyright holders.
Unless otherwise agreed to in writing SurgeZirc NG, shall have no obligation to publish or post your text, software, scripts, graphics, photos, sounds, music, video. For all videos published or posted upon the site, we reserve the right to remove the video at our discretion and we will give no refunds or compensation.
You hereby agree that you will indemnify SurgeZirc NG, its officers, employees and agents, from and against any and all claims, demands, actions, losses, liabilities, costs and expenses arising from any breach or alleged breach of any term, warranty or condition of this agreement, or from any claims of infringement or alleged infringement arising from your text, software, scripts, graphics, photos, sounds, music, video submission.
PAYMENTS
Content providers will be paid for the text, software, graphics, photos, sounds, music and video clips submitted to the SurgeZirc NG for streaming on the website. Payment due will be made on a net 30 bases after a statement of an invoice has been provided to the Content provider.
PROTECTING OTHER PEOPLES RIGHTS
We respect other peoples rights and expect you to do the same.
a. Copyright and other relevant intellectual property rights exist on all text relating to the Companies services and the full content of this website.
b. You will not take any action that infringes or violates someone else’s rights or otherwise violates the law.
c. We can remove any content or information if we believe that it violates this Statement or our policies
d. If you repeatedly infringe other peoples intellectual property rights, we will disable your content when appropriate.
e. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Digital Millennium Copyright Act.
SurgeZirc NG takes copyright infringement very seriously. However, if you are a copyright owner or an agent thereof and can identify any content on the Site which is not a work for which you are compensated through a music licensing agency, and which you believe is infringing your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The fastest way to get our team to review your request is to send us a copyright infringement notice from our support page
GOVERNMENT REQUIREMENTS, COMPLIANCE, TAXES
Governing Laws
These Terms and Conditions shall be governed by and interpreted in accordance with all applicable federal and state laws, rules and regulations of South Africa. By accessing this website and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the Ireland courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
General restrictions on use
SurgeZirc NG hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
a) you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without SurgeZirc NG prior written authorization, unless the SurgeZirc NG makes available the means for such distribution through functionality offered by the Service;
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security-related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses unless you obtain SurgeZirc NG prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorship’s or promotions placed on or within the Service, or Content ;
iii. the sale of advertising, sponsorship’s or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service.
d) You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the SurgeZirc NG servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
e) You agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include SurgeZirc NG account names).
f) You agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise.
g) You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of SurgeZirc NG or the respective licensors of the Content.
Content
a) As an interested party, you may submit Content. You understand that whether or not Content is published, SurgeZirc NG does not guarantee any confidentiality with respect to Content.
b) You retain all of your ownership rights in your Content, but you are required to grant limited license rights to SurgeZirc NG and other users of the Service.
c) You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. SurgeZirc NG does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content.
d) You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable SurgeZirc NG to use your Content for the purposes of the provision of the Service by and otherwise to use your Content in the manner contemplated by the Service and these Terms.
e) You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess, publish or distribute in the country in which you are resident, or which it would be unlawful for the SurgeZirc NG to use or possess, publish or distribute in connection with the provision of the Service.
f) You agree that Content you submit to the Service will not contain any third party copyright material or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material
g) On becoming aware of any potential violation of these Terms, SurgeZirc NG reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a Users access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
h) You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the SurgeZirc NG with respect to any such Content.
Reportorial Rights
When you upload or post Content to the SurgeZirc NG, you grant:
a) To SurgeZirc NG, a worldwide, non-exclusive, royalty-free, transferable license (with the right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service SurgeZirc NG business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
b) To each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
c) The above license granted by you in Content terminates when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership’s rights, which are retained by you.
d) With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to, SurgeZirc NG and is subject to copyright, trademark rights, and other intellectual property rights of Surge or its licensor. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners.
Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of SurgeZirc NG or, where applicable SurgeZirc NG licensor. SurgeZirc NG and its licensors reserve all rights not expressly granted in and to their Content.
Taxes
As between you and the Company, we are responsible for all taxes (if any) associated with the transactions between the Company and advertisers in connection with the maintenance of this website. You are responsible for all federal, state and local taxes, fees and other assessments (if any), which are required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without prior notice.
DISCLAIMER
SurgeZirc NG accepts no responsibility whatsoever for the content of any site connected to this website whether by hyperlink or otherwise. Any links provided from its website are on an as-is basis and with no warranty whatsoever whether express or implied as to their functionality, use, or in respect of the information provided on or linked to their related sites.
SurgeZirc NG take all reasonable steps to ensure that the information displayed on its website is accurate and up to date but we accept no liability whatsoever (save liability for grievous personal injury or death resulting from the SurgeZirc NG own intentional act or that of its employees acting strictly in accordance with their contract of employment with the company) for any loss occasioned to any person firm or company (whether direct, indirect or consequential) nor for any damages (whether general, special or aggravated, punitive including triple damages), costs, claims or expenses arising from any action, error or omission on SurgeZirc NG part or that of its employees or agents or any other third parties in connection with the information displayed on its website.
Except to the extent prohibited by applicable laws. SurgeZirc NG and/or any of its affiliates disclaim all liabilities, obligations, warranties or responsibility in any event whatsoever and make no representation, either express or implied, statutory or otherwise, including warranties or representations with respect to the accuracy, reliability, completeness, fitness for particular purpose, merchantability, non-infringement of third parties rights and/or safety of the contents of this Web Site, and any representations and warranties relating thereto are expressly disclaimed.
SurgeZirc NG and/or any of its affiliates shall not be liable for any loss or damage arising out of your use or access, or inability to use or access, the Web Site. SurgeZirc NG does not warrant that the functions contained in the materials available on this site will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. You assume the entire risk and cost of all necessary servicing, repair and correction.
You expressly understand and agree that your use of the services is at your sole risk. The services and materials in this site are provided on an AS IS and AS AVAILABLE basis. SurgeZirc NG make no representation or warranty that the services will meet your requirements or expectations, or that the services will be uninterrupted, timely, secure, or error-free. We further disclaim any representation or warranty that any errors in technology will be corrected.
Any material downloaded or otherwise obtained through the use of the services is obtained at your own discretion and risk. SurgeZirc NG is not accountable, liable indebted to you or responsible for any damage to your computer system or loss of data that results from the download of any such material, whether due to computer virus or otherwise. We make no representation or warranty as to the completeness, accuracy or reliability of any third party information or data that you obtain through the use of the services.
We may periodically amend, add, delete, update or alter the services including, without limitation, these terms and conditions. We may suspend or discontinue the services provided through this Web Site at any time without any prior notice. Except as otherwise required by applicable law, we assume no liability or responsibility for any errors or omissions in the content of the site.
Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.
You agree that neither we nor any of our officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents or third-party service providers nor our vendors, suppliers, or licensors is responsible for any damages resulting from: anything done or not done by us and/or someone else; providing or failing to provide services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted services, etc.); traffic or other accidents, or any health-related claims relating to our services; data content or information lost or accessed while using our services; interrupted, failed, or inaccurate location information services; information or communication that is blocked by a spam filter or other security or safeguard device;
damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or boost storage space from your use of the services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.
You should implement appropriate safeguards to secure your device, computer, or equipment and to back-up your information stored on each. To the extent allowed by law, our liability for monetary damages for any claims that you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period.
Under no circumstances are we liable for any incidental, consequential, punitive, multiple, or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.
AMENDMENT, ASSIGNMENT, WAIVER
Amendment and Notification of Changes:
The Company reserves the right to change, amend, modify, or revise these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. Any use of the Services following such notice will constitute your agreement to such change(s).
If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there any changes on how we use the site customers Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. We will post the amended terms and conditions on the Site, together with a notice that these Terms and Conditions have been amended. You are therefore advised to re-read this statement on a regular basis.
Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate these Terms and Conditions as to all such prior versions of the applications, services, and/or related material and limit access to only the most recent revisions and updates.
These terms and conditions form part of the Agreement between the Client and the Company. Your accessing of this website and/or undertaking of a contract or booking indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Assignment
You may not transfer, assign, or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, transfer, or sub-contract our rights and obligations under these Terms and Conditions without notifying you or obtaining your consent, and with no further liability.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof, and shall not cause a diminution of the obligations under this or any Agreement.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
DISPUTE RESOLUTION, SUSPENSION AND TERMINATION
Arbitration Clause
Notwithstanding anything herein, you agree that in the event of any legal dispute you have with us regarding the interpretation of these terms herein, and in the event of any legal dispute you have with us pertaining to your use of the Services, you will forego litigation and take the matter to binding arbitration should you choose to proceed with your dispute. A party electing arbitration shall initiate it through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You further agree that any arbitration award in your favour shall not exceed the aggregate dollar amount for all causes and claims of damage and liability as specified herein.
Suspension
SurgeZirc NG reserves the right, in its sole discretion, to suspend you and your content at any time and for any length of time. In the event, and for so long as the SurgeZirc NG suspends you, you shall have no ability to upload any Works on the Website, but you may continue to access the platform and download Works and view and comment on the SurgeZirc NG website. For clarification purposes, SurgeZirc NG shall not remove any Works you have uploaded prior to the suspension of your Membership Account and such Works shall continue to be available for streaming.
Termination Terms
This Agreement shall continue in perpetuity unless terminated in accordance with this Section. SurgeZirc NG at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website.
You may at any time terminate this Agreement by sending a termination request to the SurgeZirc NG In the event termination is by SurgeZirc NG, we shall notify you of such termination. SurgeZirc NG reserves the right, in its sole discretion, to terminate your user-ship at any time, including, without limitation, deactivating your materials.
If your agreement is terminated for violation of the terms of the Agreement herein, the termination will be treated as if the account holder had initiated the termination, effective on the date that the account holder was terminated.
Effect of Termination
Upon any termination of this Agreement:
All Works uploaded by you shall be removed from the Website; provided, however, that the SurgeZirc NG may continue to use the Work for internal archival and reference purposes.
Any and all Standard Credits shall be redeemable by you for cash, minus any transaction expense in accordance with SurgeZirc NG Standard pricing and payment policies and you shall forfeit all rights, title and interest in and to any and all Offered Credits.
Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as an Upload Agreement or Download Agreement.
