TERMS AND CONDITIONS FOR THE USE OF THE STREETLAMP WEB SITE

(The "Site")
Brought to you by: Padkos Productions CC ("Padkos")

1. SUBMISSION OF CONTENT AND USE OF THE SITE

   1. You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
   2. You are prohibited from posting or transmitting, by means of listings, reviews, comments, suggestions, ideas, questions or other information through the Site, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:
      1. any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
      2. any content that constitutes an invasion of privacy; or
      3. any content that is an infringement of any intellectual property right; or
      4. any content that contains software viruses; or
      5. any content that constitutes a political statement, commercial solicitation, or "Spam"
   3. Although Padkos does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of Clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, Padkos may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.
   4. You warrant that:
      1. you own or otherwise control all rights to the content that you may submit to the Site;
      2. that any use of such content will not cause injury or harm to any person or entity; and
      3. you will indemnify Padkos or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.
   5. By submitting listings, reviews, comments and/or any other content (other than your personal details) to Padkos for posting on the Site, you automatically grant Padkos and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.
   6. The following activity on or through the Site is expressly prohibited:
      1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, without the prior written authority of Padkos; and
      2. the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and
      3. any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and
      4. incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to Padkos and all rights detailed in Section 45 of the ECT Act are reserved.
   7. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full liability for all activities that occur under your User Name.
   8. Some of the services offered on the Site, specifically those relating to subscribing to any of Padkos’s services, are only available persons 18 years or older. By registering with us, you warrant that you are 18 years or older.
   9. From time to time Padkos will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to additional terms that will be made available at the time.
   10. Your use of the Site requires Internet access and certain software and may require obtaining updates or upgrades from time to time. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these factors. Accordingly, use of a high speed Internet connection is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site is not part of any other music or offering, and no purchase or obtaining of any other music shall be construed to represent or guarantee you access to the Site.
   11. You acknowledge that use of the Site may require the use of other hardware and software products (e.g., the ability to make copies of the music available on this Site on physical media and render performance of the music on authorized digital player devices), and that such hardware and software is your responsibility. Once music is purchased and you receive the music, it is your responsibility not to lose, destroy, or damage the music, and Padkos shall be without liability to you in the event of any loss, destruction, or damage.

2. THE USE OF THIRD PARTY CONTENT

   1. Padkos hosts music, information, pricing, opinions and other content supplied by third parties ("Third Party Content") on the Site. Padkos has no editorial control over such content.
   2. Music, opinions, statements, offers or any other information that may constitute Third Party Content, is that of the respective User and not of Padkos, its affiliates or any of their directors, officers, employees or agents. Padkos, its affiliates, or any of their directors, officers, employees, agents, does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as is.
   3. It is your responsibility to evaluate Third Party Content available on and through the Site. Padkos and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Site
   4. Padkos does not review (nor is it under any obligation to do so) or control any third-party web site that link to or from the Site. Padkos is not responsible for the content of any Third Party site linked to or from the Site.
   5. If you believe that your work has been copied and is accessible on any Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact Padkos.

3. PURCHASES MADE BY MEANS OF THE SITE

   1. The price and potential availability for each music file on the Site is listed on that particular item's page. Padkos reserves the right to vary its pricing at any time. Any such changes in pricing may be made with or without prior notice to you.
   2. Padkos will not be responsible for any incorrect pricing due to typographical errors or errors in pricing.
   3. You are entitled to make your music available for download on the Site. Before being able to make your music available for download on the Site, you will need to register a user account and enter into an agreement with Padkos.
   4. You agree, in terms of Section 42(2)(d) of the Electronic Communications and Transaction (ECT) Act 25 of 2002 that the services begin with the your consent before the end of the seven day period referred to in Section 44(1) of the ECT Act and that you are not entitled to cancel without reason and without penalty any transaction and any related credit agreement relating to your purchases from the Padkos website.
   5. Padkos does not provide a warranty of any kind, whether expressly or implied as to the ware of the goods and/or services advertised, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding the fact that such purpose or condition may have been known to Padkos.
   6. Padkos Productions is registered with NORM, SAMRO and SARRAL for the sale of karaoke backtracks.  Royalties are paid to these bodies on all karaoke backtracks sold on the website.
   7. Karaoke backtracks are supplied for private, non-commercial use only.  Should you be interested in using these tracks for commercial or public purposes, please register with the relevant royalty governing authorities in your area.

4. REFUND POLICY

   1. Technical problems may delay or prevent delivery of the music you download. Your exclusive and sole remedy with respect to such music that is not delivered within a reasonable period will be either replacement of such music, or refund as determined by Padkos in its sole discretion.
   2. A preview of all items listed for download purposes will be available on the website. For this reason no refunds will be made for any reason other than technical problems experienced on the Streetlamp website.
   3. Refunds will be made by means of credit for use on the Streetlamp website.  No cash refunds will be made under any circumstances whatsoever.

5. SECURITY POLICY

   1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
   2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
   3. The Merchant does not have access to credit details.
   4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

6. INTELLECTUAL PROPERTY RIGHTS

   1. All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Padkos or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Padkos and is protected by South African and international copyright laws.
   2. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Padkos or the copyright owner.
   3. You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of Padkos.
   4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Padkos, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Padkos logo or other proprietary graphic or trademark as part of the link without the express permission of Padkos, its affiliates or content suppliers.
   5. All trademarks are the exclusive property of Padkos.
   6. The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.

7. LIMITED LIABILITY

   1. The information, content, services, products and materials published on the Site, including without limitation, text, graphics and links are provided on an "as is" basis. Padkos makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing:
      1. Padkos does not warrant that the site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
      2. Whilst Padkos has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
      3. To the full extent permissible by applicable law, Padkos disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Padkos will not be liable for any damages of any kind arising from the use of Padkos’ site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

8. PRIVACY

   1. Padkos respects privacy of its Users. Padkos will take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). Without limiting the aforegoing:
      1. Padkos is dedicated to maintain the privacy of its online visitors and users. On this site, Padkos does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
      2. Any information collected is used solely by Padkos and its business partners who are involved in the operation of this site for internal purposes or are required to process personal data in the provision of services to Padkos. Padkos’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
      3. Under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its subscribers Padkos will comply with any such legally binding request.
   2. Padkos processes personal information for the purpose of providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services on offer. Padkos may from time to time use your contact information to tell you about news or events provided by Padkos or one of its strategic partners. You may opt-out of receiving such mailings, either when you register with Padkos or at any time afterwards. Padkos may also contact you with important information about your registration details even if you have opted-out of receiving promotional emails.
   3. Padkos may electronically collect, store and use the following personal information of Users:
      1. title, name and surname;
      2. street address;
      3. postal address;
      4. contact numbers;
      5. non-personal browsing habits and click patterns;
      6. e-mail address; and / or IP addresses.
   4. Padkos collects, stores and uses the abovementioned information for the following purposes:
      1. to communicate requested information to Users;
      2. to provide services to Users as requested by Users;
      3. to authenticate Users;
      4. to provide the User with access to restricted pages on this website; and/or
      5. to compile non-personal statistical information about browsing habits, click-patterns, and access to the Website.
   5. Information detailed above is collected either electronically by using cookies or is provided voluntarily by Users. Users may determine cookie use independently through their browser settings.

9. DOMICILIUM

   Padkos chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, PO Box 74, Fontainebleau, Randburg, 2032, South Africa.

10. JURISDICTION

    These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this Site.

11. TERMINATION

    1. Padkos may terminate your account at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions.
    2. Such termination shall not affect any right to relief to which Padkos may be entitled.
    3. Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Padkos.
    4. You must give 30 days written notice of your intention to cancel its placement in the directory, with Padkos. In the event that you have taken advantage of the discounts allowed for in the fixed period options provided, you agree to forfeit any surplus monies paid to Padkos on such termination.

12. OTHER PROVISIONS

    1. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
    2. These Terms and Conditions, including any documents referenced herein, represent the entire agreement between you and Padkos regarding your relationship with Padkos and use of the Site and supersede any prior statements or representations.
    3. Padkos may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use.