What is Bozza?

Bozza is a platform for talent discovery and content distribution in Africa. Artists across the continent upload their creative works on the Bozza website in order to share them with you. These works include music tracks, videos, poetry and more.

We invite you to join the Bozza community that is growing across our beautiful continent. We ask that as fans and supporters of Africa’s creative community you respect the amazing artists who have shared their music, videos and poetry with you. Please don’t take advantage by trying to copy, alter or sell their works.

Listen, watch, read and enjoy the awesome content that you’ll find on Bozza. And feel free to share your honest feedback with both the artists and with Bozza. As members of the Bozza community, your opinion matters to us.

Thank you for supporting Africa’s future stars!

Please read through the following terms & conditions and agree to them. Please feel free to ask questions. You can send your questions through to support@bozza.mobi and we will get back to you as soon as we can.

BOZZA USER TERMS & CONDITIONS

This Agreement is between you (“User/You/Your”) and Bozza Media (Pty) Ltd (“Bozza”) In using the Bozza website (‘the Website”), You are deemed to have read and agreed to the following terms and conditions of this Agreement.

General

1. The terms “You” and “Your” mean the individual who is using the Website.

2. The term “Website” refers to the website maintained at http://bozza.mobi and any related mobile sites or applications.

3. The term “Work” or “Works” shall mean the sound recordings, videos, films, photographs, scripts, graphics, written text, poems and other materials that are accessible via the Website.

4. The legal terms contained in this Agreement only allow You to listen, watch, read, share and comment on the Works available on the Website.

5. You may only access and use the Works for a non-commercial purpose. If you wish to use the Works for a commercial purpose (whether or not for financial gain), then You may only do so after entering an agreement with Bozza to that effect. You may request such an agreement from support@bozza.mobi.

User License

1. Bozza grants You a license (the “License”) to use the Website on the following terms:

2. The License is personal, revocable, worldwide, royalty-free, non-transferable, non-sub-licensable and non-exclusive;

3. Bozza allows You to access the Works and Website only for your personal, non-commercial use, as intended by the functionality of the Website;

4. The Works may only be permanently or temporarily downloaded, streamed, copied, stored or redistributed by You if:

a) Expressly permitted by the functionality of the Website;

b) All trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as included on the original Works are retained and clearly displayed without alteration;

c) You acknowledge that You do not acquire any ownership rights or rights of use in or to any Works by copying, reproducing, distributing, displaying, broadcasting or publishing those Works.

5. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any of the Works for any other purpose without the prior written consent of Bozza.

6. You shall not copy, modify, create an adaptation of, reverse engineer or otherwise attempt to extract any part of the source code of all or any part of the Website.

7. You agree not to use the Website for any of the following commercial uses unless You have obtained Bozza’s prior written approval:

a) Solicitation of business in the course of trade or in connection with a commercial enterprise;

b) To solicit for commercial purposes any Bozza artists with respect to their Works;

c) To sell advertising, sponsorships or promotions placed on or within the Website or the Works on the Website;

d) To sell advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Works featured on the Website unless other material not obtained from the Website appears on the same page and is of sufficient value to be the basis of the sales.

8. You agree not to alter or modify any part of the Website or the Works.

9. You agree not to access the Works through any means other than the Website.

10. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website or features that prevent or restrict use or copying of the Works or enforce limitations on use of the Website or Works.

11. You agree not to collect or harvest any personal data of any user of the Website or any artists featured on the Website.

Representations and Warranties

1. Certain features within the Website may be accessible to registered users only. If required to create an account, You represent and warrant that all registration information submitted is truthful and accurate and You agree to maintain the accuracy of such information. It is Your responsibility to ensure that Your password remains secure and You do not authorize others to use Your account. You are solely responsible for all content published or displayed through Your account.

2. If you suspect unauthorized access on Your account you must inform Bozza immediately so that appropriate action can be taken. Failure to do so may result in You being held liable for any losses or damages incurred by Bozza as a result of unauthorized user of Your account.

3. By using the Website You represent and warrant that:

a) You are at least 18 years of age and have full authority to enter into and fully perform Your obligations under this Agreement,

b) If you are under 18 years of age you have the consent of your parent or legal guardian who has read the Agreement and agreed for You to enter into and fully perform your obligations under this Agreement;

c) You will comply with all applicable laws, rules and regulations.

4. Bozza provides this website on an “as is’ basis. Bozza provides no representation or warranty that:

a) Access to or use of this website will be uninterrupted, timely, secure or error-free;

b) This Website is free of all viruses, worms, Trojan horses and other items of a destructive nature;

c) This Website is free from all errors or technical inaccuracies or that any errors in the Website will be corrected;

d) This Website or its content is merchantable or fit for any intended purpose (Bozza specifically excludes any warranty of merchantability or fitness for a particular purpose);

e) The Website will remain unchanged or that it will always retain its current functionality

f) You assume all risk for any damage to Your computer system or loss of data that results from Your use or access of this Website, including any damages resulting from worms, Trojan horses and other items of a destructive nature.

Limitation of Liability

1. To the full extent permitted by Law, Bozza is not liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted records or documents, other economic advantage) arising out of or in connection with the use of the Website, even if Bozza has been advised of or reasonably could have foreseen the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to:

a) The use of or the inability to use this website;

b) Statements or conduct of any third party on the Website, including without limitation unauthorised access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions;

c) Content or information You may download, use, modify or distribute; and any other matter relating to the Services offered through this site.

Indemnification

1. You agree to defend, indemnify and hold Bozza, and its subsidiaries, affiliates, officers, directors, agents, employees, contractors and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your access to or use of this Website.

Restrictions on Use

1. You may not use this Website to publish, post, distribute or disseminate any information or content that:

a) You do not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, information subject to a confidentiality agreement or personal information about a third party);

b) Infringes any copyright, trademark, patent, trade secret, or other proprietary right of a third party;

c) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

d) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

e) Violates any applicable laws or regulations.

2. You may not falsely identify yourself as any other person or entity to Bozza or otherwise misrepresent your affiliation with a person or entity, impersonate another user, forge headers or otherwise manipulate identifiers (including URLs) or disguise the source or origin of any information. Upon request by Bozza, You will provide proof, such as a copy of a driver’s license, passport, state identification card or other document acceptable to Bozza to verify Your identity.

3. You may not publish, post, distribute or disseminate any unsolicited or unauthorised advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation.

4. You may not collect or store personal data about other users of this Website.

Copyright Policy

1. If You have reason to believe that copyright has been breached and You are either the copyright owner or an agent thereof, then submit a notification to support@bozza.com with the following information:

a) Identification of the Work or Works infringing on copyright laws and that You wish to be removed or made unavailable;

b) A signed statement by You that:

i. You have a good faith belief that the Work is in breach of Your copyright;

ii. The copyright owner or agent thereof has not authorized its use;

iii. The information in the notification is accurate under penalty of perjury;

iv. You are authorized to act on behalf of the copyright owner.

Governing Law and Dispute Resolution.

1. This Agreement shall be governed in all respects by the laws of South Africa.

2. Any controversy or claim arising out of or relating to this Agreement, the use of this Website, or otherwise related to the parties’ business relationship shall be settled by binding arbitration in accordance with the commercial arbitration rules of the South African Arbitration Association.

3. 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.

Notices

1. Any notice required or permitted by this Agreement shall be given to Bozza at support@bozza.mobi. If requested You will provide Bozza with an e-mail address at which Bozza can provide you with any notices required or permitted by this Agreement.

Amendments

1. Bozza reserves the right to revise or modify this Website, the services offered through this Website and this Agreement at any time, with or without notice. Although Bozza may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at http://Bozza.mobi.

2. Your continued use of this Website following any modification or revisions to this Website or this Agreement will be deemed your acceptance of and agreement to the modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Miscellaneous

1. No partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

2. Bozza may suspend its performance under this Agreement if as a result of a cause beyond its control, such as fire, explosion, flood, hurricanes or war, Bozza’s performance is not commercially possible.

3. If any provision of this Agreement is held to be invalid or unenforceable, it shall be struck and the remaining provisions shall be enforced. Bozza’s failure to act with respect to a breach by You or others does not waive Bozza’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to its subject matter.