This Agreement governs all use of the Biblo.tv website and operates alongside any Artist or Client agreements.
This is a legal agreement ("Agreement") regulating the use by any and all persons ("User") of Biblo.tv ("Website"), owned by Wormstorm Creative Consultants CC (t/a Biblo.tv) ("Biblo.tv"). This Agreement applies upon clicking "I Agree" at registration and operates indefinitely until terminated. It is automatically incorporated into and operates in tandem with any further agreements concluded with Biblo.tv.
Biblo.tv may update these terms from time to time. Material changes will be notified to registered users by email or in‑product notice with reasonable advance notice; continued use after the effective date constitutes acceptance.
2.1 Users may not use Content for any purposes not sanctioned by Biblo.tv's Preview provisions or a valid written License Agreement or Deed of Assignment.
2.2 Without limitation, the following are prohibited:
2.2.1 broadcasting, reproducing, publicly performing, synchronizing, modifying, selling, reverse‑engineering, licensing or using Content beyond the scope expressly permitted;
2.2.2 using automated means (including spiders, crawlers, bots, data‑mining or scraping tools) to access the Website or Content, or circumventing access controls, watermarking or other technical protection measures;
2.2.3 framing the Website or Content;
2.2.4 interfering with the security of, or otherwise abusing, the Website or any system resources, services or networks connected to or accessible through the Website;
2.2.5 using the Website or Content for unlawful purposes;
2.2.6 sublicensing or onward distribution of Content or Preview Content except as expressly permitted in a written licence from Biblo.tv.
2.3 Only upon valid registration shall Users enjoy such rights, duties, services and facilities as are granted to registered Clients and Artists.
The User agrees that the Website includes, makes available and incorporates intellectual property including, without limitation, copyrighted Content, trademarks, software applications, electronic databases and selection mechanisms. The User acknowledges that the User has no rights in the Website, Content or parts thereof other than those expressly granted in a written License Agreement, Deed of Assignment or other valid written agreement with Biblo.tv; any contrary use is strictly prohibited.
4.1 Biblo.tv may make Preview Content available for download or streaming solely to assess suitability prior to licensing.
4.2 Preview Content may include low‑quality reproductions or technical adaptations (e.g., watermarked files, cut‑downs, instrumentals/TV mixes) for audition only and may not be used in production.
4.3 Preview Content and Content may not be used to train, fine‑tune, evaluate, or create datasets for any machine learning or AI systems, unless covered by a separate written data/ML licence from Biblo.tv.
4.4 Users must delete and destroy all Preview Content and copies within 30 (thirty) days of download unless otherwise authorised in writing by Biblo.tv.
5.1 If a User uses Content or Preview Content for any purpose not authorised by this Agreement or a valid License Agreement, the User's intention to conclude a License Agreement is implied and an Implied License is issued immediately on these terms:
5.1.1 Non‑exclusive; valid for 90 (ninety) days;
5.1.2 Primary Licensing Fee at industry‑standard rates (loosely aligned with the CCA's annual rate card) or USD $6,000, whichever is higher, per geographical territory for initial use; and
5.1.3 Additional Licensing Fee at industry‑standard rates (loosely aligned with the CCA's annual rate card) or USD $4,000, whichever is higher, per geographical territory for each additional use.
5.2 The User must inform Biblo.tv of unauthorised use immediately upon knowledge thereof by emailing a "Notice of Unauthorized Use" to licensing@biblo.tv; use is deemed unauthorised until such notice is given.
5.3 Fees under an Implied License become due and payable immediately upon issue and may accrue interest at 15.5% per annum, calculated daily.
5.4 Upon notice, the User may register as a Client and negotiate a fresh License for authorised use; if Biblo.tv determines the User acted in good faith, Biblo.tv may, but is not obligated to, apply the newly negotiated fee and terms retrospectively.
5.5 Disputes relating to Implied Licenses may be submitted for Alternative Dispute Resolution (ADR), at Biblo.tv's election, prior to court proceedings.
Biblo.tv is committed to protecting personal information and will collect, use and disclose it ethically and as permitted by law, including the Protection of Personal Information Act, 2013 (POPIA) and, where applicable, the General Data Protection Regulation (GDPR).
Links to third‑party websites or advertisements may appear on the Website. Biblo.tv does not endorse third‑party content and is not responsible for any damage or loss caused by or in connection with use of or reliance upon any information, content, goods or services available on or through any third‑party websites or linked resources. Use is at the User's own risk.
Despite protective measures, technical difficulties or malicious code may occur. Users should install appropriate protective software. Biblo.tv is not liable for viruses or other destructive programs that may affect the User's systems through access to, use of, downloading from or browsing on the Website.
The User uses the Website and online services at the User's own risk. Biblo.tv, its functionaries and affiliates shall not be liable for any costs, claims, damages, awards, penalties or other amounts suffered or incurred by the User arising from Website use, use of Content, breach of User warranty or otherwise, unless Biblo.tv's gross negligence or intentional misconduct is proven to be the direct cause. The User indemnifies and holds harmless Biblo.tv, its functionaries and affiliates against amounts not founded directly in such gross negligence or intentional misconduct.
10.1 Complaints titled "Copyright Complaint" may be submitted to complaints@biblo.tv including: (a) identification of allegedly infringing Content; (b) details of the original work; (c) proof of title; and (d) a sworn affidavit with comprehensive allegations of infringement.
10.2 Upon lodgement, Biblo.tv will investigate; forward the complaint to the alleged infringing party for response within 7 (seven) days; and make a determination within 90 (ninety) days and notify both parties.
10.3 Upon determination, Biblo.tv may take appropriate action within its powers, which may include revocation of licenses, account termination or banning.
10.4 Either party may lodge an appeal within 7 (seven) days ("Complaints Appeal") stating the basis and whether the appeal concerns the finding or the sanction.
This Agreement and any disputes arising hereunder are governed by the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction and venue of South African courts.
This Agreement applies upon clicking "I Agree" and continues as updated from time to time until terminated.
This Agreement amounts to the entire understanding on the subject matter herein and supersedes prior and contemporaneous agreements, understandings and discussions. Where the parties conclude further agreements with Biblo.tv, this Agreement is incorporated therein.
If any non‑fundamental provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
All notices, approvals or other communications under this Agreement shall be in writing and sent by email to the address provided during registration (or as updated). Email is valid written notification under the Electronic Communications and Transactions Act, 2002 (ECTA).
Biblo.tv may amend this Agreement as set out in Clause 1 (Recital). Material changes will be notified by email or in‑product notice with reasonable advance notice; continued use after the effective date constitutes acceptance.
Failure by Biblo.tv to insist upon or enforce strict performance of any provision shall not be construed as a waiver or relaxation of that provision.