Terms and Conditions

General Terms, Conditions and Privacy Policy for Grapevine Entertainment Services.

Grapevine Interactive (Pty) Ltd "Grapevine" encourages users to read all the Terms of Service ("Terms") before subscribing to our Services. These Terms constitute an entire legal agreement ("Agreement") between users and Grapevine with respect to the Services hereof.

In this Agreement, "You", "Your", "User" refers to the party utilizing Grapevine's services. "We", "Us", "Our" refers to Grapevine Interactive (Pty) Ltd.

1. Access

   You represent that you are of legal age to agree to the Terms of Service, or you are at least 16 years of age and have your bill payer's permission to access and use Grapevine Services and to complete the subscription process on shortcode 31222 or any other advertised shortcode.

2. Grapevine Services

   Grapevine provides entertaining text messaging services ("Services") delivering related content ("Content") with deployment of SMS, MMS, WAP, or via the Internet or other means of mobile content delivery systems. As a user, you acknowledge and agree that the Services are for your personal use.

   1. Subscription

      Services offered by Grapevine are on a subscription basis. Grapevine may modify the Services from time to time, for any reason, without notice. We reserve the right to terminate any Services with or without prior notice. Any Content and Services are provided only if you have successfully completed the subscription process. Firstly, you must have a mobile communication carrier or otherwise have access to a mobile communication network in order to receive Content and pay the service fee associated with relevant Services. Additionally, you must provide any device or software to get connected, including but not limited to a cell phone and other devices available to access Services. Grapevine will not be responsible for any damage or loss related to your cell phone and any upgrades or additional software required shall be at your own expense. You shall ensure your mobile device or software do not interfere with Grapevine's operation. Grapevine reserves the right to disconnect and terminate any Services if a device is found to cause interference. Unless explicitly stated, any new release of products and services shall be subject to the Terms of this Agreement.

      Grapevine provides Services via text messages according to the content categories users subscribed to. The details of a subscription such as the number and frequency of text message(s) received and renewals are incorporated into this Agreement by reference and form part of the terms of this Agreement. You should carefully read the terms of the subscriptions Grapevine offers before signing up to a subscription.

      Subscriptions begin upon your request and will provide you with access to Services. Services include delivery of text messages to your cell phone via SMS depending on the Service you subscribed to. Depending on your subscription, content may be received daily or several times per week or at other intervals as indicated. Subscriptions shall remain in effect until expressively terminated and / or cancelled by you or Grapevine.

   2. Content

      All the information and any Content made available to you as a part of any Services are entirely owned by Grapevine, its affiliates and licensors and are guarded by intellectual property laws. By subscribing to one or more Services, Grapevine grants you a limited, non-exclusive, non-transferable, revocable license to receive and use the related Services on a designated compatible cell phone or device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the related Services except as expressly provided for in this Agreement.

      Grapevine accepts no liability for any loss or damage as a result of a delay in receiving the Content. Content may be suspended, changed or terminated without notice. Users should not rely on any information or news provided as part of any Services as they are for entertainment purposes only.

   3. License to the Content

      You acknowledge and agree that the Content made available as part of any Services are owned by Grapevine, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Grapevine hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to receive the text messages and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the text except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the Content sent to your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content received on your cell phone or device.

   4. Interruptions or Discontinuation of Service

      Grapevine reserves the right at any time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or cancelled by Grapevine, we will cancel your subscription and reimburse any pre-paid fees related to such service, except for termination made in accordance with Section 9 of this Agreement.

   5. Third Party Products and Services

      We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that Grapevine shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.

3. Privacy Policy

   You acknowledge that Grapevine may collect and process your personal information including, but not limited to information that could be used to contact you, such as full name, postal address, cell phone number and e-mail address. You agree that your personal information provided is correct, true accurate and complete. Grapevine respects your privacy in your use of our Services and handles all information with due care. Your personal information will not be disclosed or passed on to others unless if it is expressly set out in this Agreement or unless you yourself request us to do so in any specific case. We may collect demographic and usage information including, but not limited to information that you submit for voting polls, surveys, contests and that is neither personal information nor financial information but necessary for the proper functioning and billing of our Service such as the date regarding the start and end and the extent of your usage of the Service. You consent to provide your personal information to Grapevine to contact you electronically in delivering notices related to your use of the Service and the website.

4. Intellectual Property Rights

   Except as otherwise indicated or set forth herein, all rights, titles and interests in and to any intellectual property and proprietary rights or other rights regarding intangible property which are developed, used, embodied in, or practiced in connection with any of the Services are owned by Grapevine Interactive (Pty) Ltd or its licensors. You agree to make no claim of interest in or ownership of any such Grapevine's intellectual property rights. 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, in the Service, other than the rights expressively granted in this Agreement.

5. Service Fees

   Following Terms of Service Section 2 (a), the amount of fees for subscriptions in a particular subscription period are identified and available. You agree to pay your telecommunication carrier or device operator the fee that corresponds to the Subscription Plan that you have selected with the fees in effect at the time of your order. The charges shall be invoiced on the bill from your telecommunication carrier or deducted from your prepaid balance unless otherwise indicated. All fees are subject to change upon notice from Grapevine and Grapevine will provide you with notice of such change(s). If you do not accept the new fees, you have fourteen (14) days from the date of such notice to cancel your subscription which will be made effective at the end of the subscription period. All fees are due immediately and are non-refundable, unless otherwise indicated.

6. Limitations on Liability

   IN NO EVENT SHALL GRAPEVINE INTERACTIVE (PTY) LTD BE RESPONSIBLE FOR, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF:

   1. YOUR BREACH OR VIOLATION OF THE TERMS OF SERVICE OF THIS AGREEMENT;
   2. YOUR ACCESS TO AND USE OF GRAPEVINE SERVICES;
   3. YOUR INABILITY TO ACCESS OR USE GRAPEVINE SERVICES FOR ANY REASON;
   4. DOWNLOADING ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR
   5. YOUR RELIANCE UPON OR USE OF THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS, EVEN IF GRAPEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   GRAPEVINE’S LIABILITY IS LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO GRAPEVINE FOR USE OF THE SERVICE. THE LIMITATION WILL APPLY TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

7. Disclaimer on Warranties

   YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY CONTENT, IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT GRAPEVINE SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRAPEVINE MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

   EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT GRAPEVINE'S ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY, AND YOUR OR ANY THIRD PARTY’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, GRAPEVINE, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF GRAPEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE TERRITORY DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE TERRITORY.

8. Indemnification

   You shall defend, indemnify and hold harmless Grapevine and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to:

   1. Any breach or violation of this Agreement by you;
   2. Your failure to provide accurate, complete and current personally identifiable information requested or required by Grapevine;
   3. Your access to or use of Grapevine Service;
   4. Your access to or use of Grapevine Service under any user name and password that may be issued to you; and
   5. Your use of any Services related to any subscriptions

9. Termination and Cancellations of Services

   You can unsubscribe from any Services at any time, simply text "STOP" to 31222 or any other advertised short code. You can also end subscriptions by sending an e-mail to support@vine.com.

   You agree that Grapevine, at its sole discretion, may terminate your use of any Services at any time and/or change its content offering made available through the Service, if we believe that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, Grapevine may immediately deactivate your subscription. Further, you agree that Grapevine shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your subscription for any reason, Grapevine will not refund any fees you paid to date, except as expressively provided in this Agreement.

10. Opt in

    Grapevine will only start the subscription service once the user has given permission to do so. You give Grapevine permission if you text in the keyword of the service to the short number of Grapevine, for example by texting the word LOVER to 31222 or the advertised short code or by signing up via the web. You will then receive a message confirming your subscription status and the service starts. Contact information will be provided you, so that you may stop the service at any time.

11. Agreement Amendments

    Grapevine Interactive (Pty) Ltd reserves the right to update, amend and/or change this Agreement any time in its sole discretion and without notice. You are encouraged to read this Agreement from time to time in order to review any changes that have been made. The effective date of this Agreement is August 1, 2009. Continued access and use of Grapevine Services following the posting of any such changes shall automatically be deemed to imply your acceptance of all changes.

12. Other Provisions

    If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

    No waiver of any portion of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Grapevine. The failure of Grapevine to require performance of any obligation hereunder shall not affect the Grapevine's right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

    All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Grapevine from time to time, shall survive your acceptance of this Agreement, the termination of your use of Grapevine Service, and the termination of your use of the Service.

    Grapevine shall serve notices related to this contract by posting them on the website or by sending them to the postal address or electronic mail address provided by you or as a text message to your cell phone number provided by you. Notices sent by mail shall be deemed received seven days after they are being sent. Notices posted on the website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

    You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.