Welcome to Safeme, a service provided by Safeme Pty Ltd for applications specific to social
media, streaming and other content and SaaS services
“Website”), our mobile and desktop apps (our "Apps") and all related players, widgets,
tools, features, applications, data, software, APIs (which may also be subject to separate API
specifically referred to in any of those documents, all of which are incorporated by reference
you and Safeme in relation to your use of the Website, Apps and Services (together, the
how we collect and use data relating to the use and performance of the Platform, as well as
our responsibilities and your rights in relation to any processing of your personal data.
and Community Guidelines and agree to abide by them.
from time to time.
Description of the Platform This provides a general description of the Platform, its
features and functionality.
Your Safeme account This section explains your responsibilities should you choose to
register for a Safeme account.
Your Use of the various safeme platforms This section sets out your right to use the
Platform, and the conditions that apply to your use of the Platform.
Your content This section deals with ownership of your content, and includes your
agreement not to upload anything that infringes on anyone else’s rights.
Grant of license This section explains how your content will be used on Safeme and
the permissions that you grant by uploading your content - for example, the right for
other users to listen to your sounds.
Representations and warranties This section includes important promises and
guarantees that you give when uploading content to Safeme - in particular, your
promise that everything you upload and share is owned by you and won’t infringe
anyone else’s rights.
Liability for content This section explains that Safeme is a hosting service and that its
users are solely liable for material that they upload to Safeme.
Reporting infringements This section explains how to notify us of any content on
Safeme that you believe infringes your copyright or any other intellectual property•
right, or that is unlawful, abusive, defamatory or otherwise contrary to our Terms of
Use or Community Guidelines. You can find further information on reporting
copyright infringement on our Copyright Information pages.
Third party websites and services Through Safeme you may have access to other
websites and services. This section explains that these are separate third party services
that are not under the control of Safeme.
Blocking and removal of content This section makes it clear that Safeme may block or
remove content from the Platform.
Repeat infringers Users who repeatedly infringe third party rights or breach our Terms
of Use or Community Guidelines risk having their Safeme accounts suspended or
terminated, as explained in this section.
Disclaimer This section explains that Safeme cannot give any guarantees that the
Platform will always be available – sometimes even a platform as awesome as ours
will have a few problems.
Limitation of liability This section explains some of those things that Safeme will not
be liable for. Please make sure you read and understand this section.
Indemnification If you use the Platform in a way that results in damage to us, you will
need to take responsibility for that.
Data protection, privacy and cookies It is really important to us that you understand
how we use your personal information. All information is collected, stored and used
analyze how people use Safeme, so that we can keep improving our service. Our use
of cookies is explained in our Cookies Policy.
Meetups This section deals with Safeme meetups and explains that these are not
“official’ Safeme events, so we cannot be responsible for anything that happens at
Competitions and other promotions This section deals with competitions, contests and
sweepstakes on Safeme. These are not run by Safeme, and therefore we cannot be
responsible for them. If you want to run your own competition on Safeme, make sure
you read and understand our Competition Terms.
Use of Safeme players and widget This section includes a few restrictions on how you
can use our players and widgets – basically, don’t try to use our players to create a
new music or audio streaming service.
Subscriptions and gift codes This section links you to information explaining how to
purchase "Pro" and "Pro Unlimited" plans and "Safeme Go" subscriptions as well as
gift codes and how you can cancel your purchases in certain circumstances.
Changes to the Platform, accounts and pricing From time to time, we may need to
make some changes to Safeme. This section explains your rights in this situation.
Termination This section explains how you can terminate your Safeme account, and
the grounds on which we can terminate your use of Safeme.
Assignment to third parties This section deals with Safeme’s right to transfer this
agreement to someone else.
Severability This is a standard legal provision, which says that any term that is not
valid will be removed from the agreement without affecting the validity of the rest of
Policy, Cookies Policy and Community Guidelines. Any changes need to be made in
Applicable law and jurisdiction All of our documents are generally governed by
Disclosures This section provides information about Safeme, including how to contact
very carefully. If you do not agree to any of the provisions set out in those documents,
you should not use the Website, Apps or any of the Services. By accessing or using the
Platform, registering an account, or by viewing, accessing, streaming, uploading or
downloading any information or content from or to the Platform, you represent and warrant
by them, and that you are either 18 years of age or more, or the applicable age of majority in
your jurisdiction, or if you are under 18 years of age or the age of majority in your
jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years
of age or more if you reside in the United States or anywhere else.
time, for example to address legal or regulatory changes or changes to features or
functionality made available through the Platform, in our discretion. The date of last
page from time to time for updates.
prominent notice under the circumstances, including for example displaying a notice within
the Platform and/or by sending you an email to the email address that you have provided us
two (2) weeks after such notification.
You will have no obligation to continue using the Platform following any such notification,
but if you do not terminate your account as described in the Termination section below
during such two (2) week period, your continued use of the Platform after the end of that two
Description of the Platform
The Platform is a SaaS and application hosting service. Registered users of the Platform may
submit, upload and post audio, text, photos, pictures, graphics, comments, and other content,
data or information (“Content”), which will be stored by Safeme at the direction of such
registered users, and may be shared and distributed by such registered users, and other users
of the Platform, using the tools and features provided as part of the Platform and accessible
via the Website, Apps and elsewhere. The Platform also enables registered users to interact
with one another and to contribute to discussions, real time video links, streaming andenables any user of the Website, Apps or certain Services (who may or may not be registered
users of the Platform) to view, listen to and share Content uploaded and made available by
The Platform also includes social and interactive features that enable users to engage with
and learn from the Safeme community in order to build a following and ensure you get the
content that interests you most.
Some features of our Platform are only available to registered users who subscribe to a
certain Service. We will integrate tailored ads on the Platform on behalf of third party
advertisers. To that end, we use information that you make available to us when you interact
with the Platform to inform the nature of the ads we show you and provide you with a
We may, from time to time, release new tools and resources on our services platform, release
new versions of our Apps, or introduce other services and/or features for the Platform. Any
terms and conditions that we may release for those specific services or features.
Your use of Safeme Saas and Mobile application platforms
any and all times during your use of the Platform, Safeme grants you a limited, personal, non-
exclusive, revocable, non-assignable and non-transferable right and license to use the
Platform in order to view Content uploaded and posted to our social media, content streaming
and other platforms, to listen to audio Content streamed from the Platform.
(i) submit, upload or post Content to and keep such Content available on the Platform strictly
the Website from time to time;
(ii) participate in the community areas and communicate with other members of the Safeme
(iii) use Apps and other Services provided as part of the Platform strictly as permitted in
from time to time.
our Community Guidelines at any and all times during your use of the Platform, including,
without limitation, the following:
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content
from our platform or any part of the Platform, other than by means of download or store for
offline listening in circumstances where the relevant Uploader has elected to permit
downloads or offline listening of the relevant item of Content.(ii) You must not adapt, copy, republish, make available or otherwise communicate to the
public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on
or from the Platform at any and all times, except (i) where such Content is Your Content at
any and all times during your use of the applicable Content, or (ii) as permitted under these
Creative Commons licenses selected by the Uploader).
(iii) You must not use any Content (other than Your Content) in any way that is designed to
create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or
otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or
otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to
misrepresent your activity on the Platform, including without limitation by the use of bots,
botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log
in, add followers to your account, play Content, follow or unfollow other users, send
messages, post comments, or otherwise to act on your behalf, particularly where such activity
occurs in a multiple or repetitive fashion. You must not offer or promote the availability of
any such techniques or services to any other users of the Platform.
(vi) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or
other proprietary or legal notices contained in, or appearing on, the Platform or any Content
appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of
the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile,
modify or attempt to discover any source or object code of any part of the Platform, or
circumvent or attempt to circumvent or copy any copy protection mechanism or territorial
restrictions or access any rights management information pertaining to Content other than
(viii) You must not use our Platforms to upload, post, store, transmit, display, copy,
distribute, promote, make available, continue to make available or otherwise communicate to
any Content that is abusive, libellous, defamatory, pornographic or obscene, that
promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race,
ethnicity, cultural identity, religious belief, disability, gender, identity or sexual
orientation, or is otherwise objectionable in Safeme’s reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates
or infringes the rights of third parties including, without limitation, copyright,
trademark rights, rights of privacy or publicity, confidential information or any other
any Content that violates, breaches or is contrary to any law, rule, regulation, court
order or is otherwise is illegal or unlawful in Safeme’s reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware,
malware, bot, time bomb, worm, or other harmful or malicious component, which or
might overburden, impair or disrupt the Platform or servers or networks forming part•
of, or connected to, the Platform, or which does or might restrict or inhibit any other
user's use and enjoyment of the Platform; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other
form of solicitation.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate any
law or regulation.
(x) You must not rent, sell or lease access to the Platform, or any Content on the Platform,
although this shall not prevent you from including links from Your Content to any legitimate
online download store from where any item of Your Content may be purchased.
(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity, for example, by registering an account in the name of
another person or company, or sending messages or making comments using the name of
(xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any
(xiii) You must not use or attempt to use another person's account, password, or other
information, unless you have express permission from that other person.
(xiv) You must not sell or transfer, or offer to sell or transfer, any Safeme account to any
third party without the prior written approval of Safeme.
(xv) You must not collect or attempt to collect personal data, or any other kind of information
about other users, including without limitation, through spidering or any form of scraping.
(xvi) You must not violate, circumvent or attempt to violate or circumvent any data security
measures employed by Safeme or any Uploader; access or attempt to access data or materials
which are not intended for your use; log into, or attempt to log into, a server or account which
you are not authorized to access; attempt to scan or test the vulnerability of Safeme’s servers,
system or network or attempt to breach Safeme’s data security or authentication procedures;
attempt to interfere with the Website or the Services by any means including, without
limitation, hacking Safeme’s servers or systems, submitting a virus, overloading, mail-
bombing or crashing. Without limitation to any other rights or remedies of Safeme under
involve any of the above, and may report such matters to, and co-operate with, appropriate
law enforcement authorities in prosecuting any users who have participated in any such
You agree to comply with the above conditions at any and all times during your use of the
Platform, and acknowledge and agree that Safeme has the right, in its sole discretion, to
terminate your account or take such other action as we see fit if you breach any of the above
action and/or reporting offending users to the relevant authorities.Shembe Foundation content
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or
information that you upload, store, transmit, submit, exchange or make available to or via the
Platform (hereinafter "Your Content") is generated, owned and controlled solely by you,
and not by Safeme.
Safeme does not claim any ownership rights in Your Content, and you hereby expressly
acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not
upload, store, distribute, send, transmit, display, perform, make available, continue to make
available or otherwise communicate to the public any Content to which you do not hold the
necessary rights. In particular, any unauthorized use of copyright protected material
within Your Content (including by way of reproduction, distribution, modification,
adaptation, public display, public performance, preparation of derivative works,
making available or otherwise communicating to the public via the Platform),
independent of wheteher it is or becomes unauthorized at a later point, may constitute
an infringement of third party rights and is strictly prohibited. Any such infringements
may result in termination of your access to the Platform as described in the Repeat Infringers
section below, and may also result in civil litigation or criminal prosecution by or on behalf
of the relevant rightsholder.
Not all unauthorized uses of copyright protected works constitute an infringement. Users in
the European Union can use copyright protected works under certain exceptions or
limitations to copyright, namely quotation, criticism, review, use for the purpose of
caricature, parody or pastiche.
We may, from time to time, invite or provide you with means to provide feedback regarding
the Platform, and in such circumstances, any feedback you provide will be deemed non-
confidential and Safeme shall have the right, but not the obligation, to use such feedback on
an unrestricted basis.
Grant of license
By uploading or posting Your Content to our Platform, you initiate an automated process to
transcode any audio Content and direct Safeme to store Your Content on our servers, from
where you may control and authorize the use, ways of reproduction, transmission,
distribution, public display, public performance, making available (including whether users
will be permitted to listen to your Content offline) and other communication to the public of
Your Content on the Platform and elsewhere using the Services.
To the extent it is necessary in order for Safeme to provide you with any of the
aforementioned hosting services, to undertake any of the tasks set forth in these Terms of
Use, including the distribution of advertising or other promotional material on our Platform
and/or to enable your use of the Platform, you hereby grant such licenses to Safeme on a
limited, worldwide, non-exclusive, royalty-free and fully paid basis.By uploading Your Content to the Platform, you also grant a limited, worldwide, non-
exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators
and users of any other websites, apps and/or platforms to which Your Content has been
shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline,
repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare
derivative works of, compile, make available and otherwise communicate to the public, Your
Content utilizing the features of the Platform from time to time, and within the parameters set
by you using the Services. You can limit and restrict the availability of certain of Your
Content to other users of the Platform, and to users of Linked Services, at any time using the
permissions tab in the track edit section for each sound you upload, subject to the provisions
of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of
Use grants any rights to any other user of the Platform with respect to any proprietary name,
logo, trademark or service mark uploaded by you as part of Your Content (for example, your
profile picture) (“Marks”), other than the right to reproduce, publicly display, make
available and otherwise communicate to the public those Marks, automatically and without
alteration, as part of the act of reposting sounds with which you have associated those Marks.
The licenses granted in this section are granted separately with respect to each item of Your
Content that you upload to the Platform. Licenses with respect to audio Content, and any
images or text within your account, will (subject to the following paragraph of these Terms of
Use) terminate automatically when you remove such Content from your account. Licenses
with respect to comments or other contributions that you make on the Platform will be
perpetual and irrevocable, and will continue notwithstanding any termination of your
Removal of audio Content from your account will automatically result in the deletion of the
relevant files from Safeme’s systems and servers. However, notwithstanding the foregoing,
you hereby acknowledge and agree that once Your Content is distributed to a Linked Service,
Safeme is not obligated to ensure the deletion of Your Content from any servers or systems
operated by the operators of any Linked Service, or to require that any user of the Platform or
any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of
Your Content to be available for offline listening, after deletion of an item of Your Content or
removal from the ability for other users to listen to the applicable Content offline, the
applicable Content may still be temporarily available to other users of the Platform who
saved the applicable Content for offline listening on their devices, but no longer than 30 days
from the time of deletion.
Any Content other than Your Content is the property of the relevant Uploader, and is or may
be subject to copyright, trademark rights or other intellectual property or proprietary rights.
Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded,
republished, displayed, sold, licensed, made available or otherwise communicated to the
public or exploited for any purposes except via the features of the Platform from time to time
and within the parameters set by the Uploader on the Platform or with the express written
consent of the Uploader. Where you repost another user’s Content, or include another user’s
Content in a playlist or station or where you listen to another user’s Content offline, you
acquire no ownership rights whatsoever in that Content. Subject to the rights expressly
granted in this section, all rights in Content are reserved to the relevant Uploader.
Representations and warrantiesYou hereby represent and warrant to Safeme as follows: (i) Your Content, and each and every
part thereof, is an original work by you, or you have obtained all rights, licenses, consents
and permissions necessary in order to use at any and all times during any applicable use, and
(if and where relevant) to authorize Safeme to use, Your Content pursuant to these Terms of
Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute,
share, publicly display, publicly perform, make available (including for listening offline) and
otherwise communicate to the public Your Content, and each and every part thereof, on,
through or via the Platform, any and all Services and any Linked Services.
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or
violate the rights of any third party, including, without limitation, any intellectual property
rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any
and all persons appearing in Your Content in order to include their name, voice, performance
or likeness in Your Content and to publish the same on the Platform and via any Linked
(iv) Your Content, including any comments that you may post on the Website, is not and will
not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not
promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity,
cultural identity, religious belief, disability, gender, identity or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Safeme, its
subsidiaries, affiliates, successors, and assigns, and their respective employees, agents,
directors, officers and/or shareholders. Safeme reserves the right to remove Your Content,
suspend or terminate your access to the Platform and/or pursue all legal remedies if we
believe that any of Your Content breaches any of the foregoing representations or warranties,
or otherwise infringes another person's rights or violates any law, rule or regulation.
Liability for content
You hereby acknowledge and agree that Safeme (i) stores content and other information at
the direction, request and with the authorization of the Shembe foundation and its members,
(ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of
such content, and (iii) plays no active role and gives no assistance in the presentation or use
of the content. You are solely responsible for all of Your Content that you upload, post or
distribute to, on or through the Platform, and to the extent permissible by law, Safeme
excludes all liability with respect to all content (including Your Content) and the activities of
its users with respect thereto.
You hereby acknowledge and agree that Safeme cannot and does not review the content
created or uploaded by its users, and neither Safeme nor its subsidiaries, affiliates, successors,
assigns, employees, agents, directors, officers and shareholders has any obligation, and may,
but does not undertake or assume any duty to, monitor the Platform for content that is
inappropriate, that does or might infringe any third party rights, or has otherwise been
officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all
liability which may arise from any content uploaded to the Platform by users, including, but
not limited to, any claims for infringement of intellectual property rights, rights of privacy or
publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or
obscene material, or any claims relating to the completeness, accuracy, currency or reliability
of any information provided by users of the Platform. By using the Platform, you irrevocably
waive the right to assert any claim with respect to any of the foregoing against Safeme or any
of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or
If you discover any content on the Platform that you believe infringes your copyright, please
report this to us using any of the methods outlined on our Copyright Information pages.
If you would prefer to send us your own written notification, please make sure that you
include the following information:
a statement that you have identified Content on Safeme that infringes your copyright
or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the Safeme URL(s)
where such Content can be located;
your full name, address and telephone number, a valid email address on which you
can be contacted, and your Safeme user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the
material is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that you are
authorized to act on behalf of the owner of the exclusive right that is allegedly
In addition, if you wish for your notice to be considered as a notice pursuant to the United
States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following
or equivalent UK or South Africa:
with respect to your statement that you are authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed, confirmation that such statement is
made under penalty of perjury; and
your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to copyright@Safeme.com and/or by mail to the
The foregoing process applies to copyright only. If you discover any Content that you believe
to be in violation of your trademark rights, please report this to us by email at
legal@Safeme.com. In all other cases, if you discover Content that infringes or violates any
of your other rights, which you believe is defamatory, pornographic, obscene, racist or
please report this to us at legal [at] Safeme.com.
Third party websites and services
The Platform may provide you with access to third party websites, databases, networks,
servers, information, software, programs, systems, directories, applications, products or
services, including without limitation, linked services (hereinafter “External Services”).
Safeme does not have or maintain any control over External Services, and is not and cannot
be responsible for their content, operation or use. By linking or otherwise providing access to
any External Services, Safeme does not give any representation, warranty or endorsement,
express or implied, with respect to the legality, accuracy, quality or authenticity of content,
information or services provided by such External Services.
different practices and requirements to those operated by Safeme with respect to the Platform.
governing your use of these External Services, which you use at your own risk. You are
advised to make reasonable enquiries and investigations before entering into any transaction,
financial or otherwise, and whether online or offline, with any third party related to any
You are solely responsible for taking the precautions necessary to protect yourself from fraud
when using External Services, and to protect your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content and material that may be included on
or may emanate from any External Services.
Safeme disclaims any and all responsibility or liability for any harm resulting from your use
of External Services, and you hereby irrevocably waive any claim against Safeme with
respect to the content or operation of any External Services.
Blocking and removal of content
Notwithstanding the fact that Safeme has no legal obligation to monitor the content on the
Platform, Safeme reserves the right to block, remove or delete any content at any time, and to
limit or restrict access to any content, for any reason and without liability, including without
limitation, if we have reason to believe that such content does or might infringe the rights of
Guidelines or applicable law, or is otherwise unacceptable to Safeme.
Please also note that individual Uploaders have control over the audio content that they store
in your account from time to time, and may remove any or all audio content or other content
without notice. You have no right of continued access to any particular item of content and
Safeme shall have no liability in the event that you are unable to access an item of content
due to its removal from the Platform, whether by Safeme or the relevant uploader.Repeat infringers
Safeme will suspend or terminate your access to the Platform if Safeme determines, in its
If we receive a valid notification from a third party in accordance with our reporting
processes or applicable law that any of Your Content infringes the copyright or other rights of
such third party, or if we believe that your behavior violates our Community Guidelines, we
will send you a written warning to this effect. Any user that receives more than two of these
warnings is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a
court, and/or in other appropriate circumstances, as determined by Safeme at its discretion.
Please note we do not offer refunds to Subscription account holders whose accounts are
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE ONLINE PlATFORMS,
THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA
THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS
IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST SAFEME USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS
OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY
HAVE BEEN BROUGHT TO SAFEME’S ATTENTION, SAFEME MAKES NO
PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS,
THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY
LINKED SERVICES OR OTHER EXTERNAL SERVICES. SAFEME DOES NOT
WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR
THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SAFEME DOES NOT WARRANT
THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL
BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO
PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT
WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT
YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
SAFEME AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS,
AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND
SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING
WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT
HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT
LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE
ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF
SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
SAFEME AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS,
AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND
SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
1. ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART
OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL
SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT SAFEME MAY MAKE TO THE PLATFORM OR
ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT
SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY
CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY
RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF
SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR
USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN
INVESTIGATION BY SAFEME OR ANY RELEVANT LAW ENFORCEMENT
AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL
OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT
OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE SAFEME WITH ACCURATE OR
COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR
USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE
PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE,
ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR
DAMAGE FROM ANY SECURITY BREACH; AND/OR
3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A
FORESEEABLE CONSEQUENCE OF SAFEME BREACHING THESE TERMS
OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BECONTEMPLATED BY YOU AND SAFEME AT THE TIME YOU AGREE TO
INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR
USE OF THE PLATFORM MUST BE NOTIFIED TO SAFEME AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU
ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS
REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU
AND SAFEME AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN
BETWEEN YOU AND SAFEME, AND THAT SAFEME’S LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SAFEME, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR
ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II)
FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED
WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY
WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby agree to indemnify, defend and hold harmless Safeme, its successors, assigns,
affiliates, agents, directors, officers, employees and shareholders from and against any and all
claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys'
fees, resulting from:
(ii) any third party claim of infringement of copyright or other intellectual property rights or
invasion of privacy arising from the hosting of Your Content on the Platform, and/or your
making available thereof to other users of the Platform, and/or the actual use of Your Content
the parameters set by you with respect to the distribution and sharing of Your Content;
(iii) any activity related to your account, be it by you or by any other person accessing your
account with or without your consent unless such activity was caused by the act or default of
Data protection, privacy and cookies
All personal data that you provide to us in connection with your use of the Platform is
collected, stored, used, disclosed and otherwise processed by Safeme in accordance with our
is explained in our Cookies Policy.
Live Video conferences and Streaming Meetups
While Safeme is generally supportive of Meetups and may provide branded promotional
materials to help organizers promote their Meetups, Safeme does not sponsor, oversee or in
any way control such “Meetups”. You hereby acknowledge and agree that your attendance
and participation in any Meetups is entirely at your own risk and Safeme does not bear any
responsibility or liability for the actions of any Safeme users or any third parties who
organize, attend or are otherwise involved in any Meetups.
Changes to the Platform, accounts and pricing
Safeme reserves the right at any time and for any reason to suspend, discontinue, terminate or
cease providing access to the Platform or any part thereof, temporarily or permanently, and
whether in its entirety or with respect to individual territories only. In the case of any
temporary or permanent suspension, discontinuation, termination or cessation of access,
Safeme shall use its reasonable endeavours to notify registered users of such decision in
You hereby agree that Safeme and its subsidiaries, affiliates, successors, assigns, employees,
agents, directors, officers and shareholders shall not be liable to you or to any third party for
any changes or modifications to the Website, Apps and/or any Services that Safeme may
wish to make from time to time, or for any decision to suspend, discontinue or terminate the
Website, the Services or any part or parts thereof, or your possibility to use or access the
same from or within any territory or territories.
Safeme may change the features of any type of account, may withdraw or, or introduce new
features, products or types of account at any time and for any reason, and may change the
prices charged for any of its Subscriptions from time to time. In the event of any increase in
the price or material reduction in the features of any Subscription which you have purchased,
such change(s) will be communicated to you and will only take effect with respect to any
subsequent renewal of your subscription. In all other cases, where Safeme proposes to make
changes to any type of Subscription you have purchased, and these changes are material and
to your disadvantage, Safeme will notify you of the proposed changes by sending a message
to your Safeme account and/or an email to the then current email address that we have for
your account, at least six (6) weeks in advance. You will have no obligation to continue using
the Platform following any such notification, but if you do not terminate your account as
described in the Termination section below during such six (6) week period, your continued
use of your account after the end of that six (6) week period will constitute your acceptance
of the changes to your Subscription.
You may terminate this Agreement at any time by sending notice in writing to Safeme
confirming such termination, by removing all of Your Content from your account, or by
deleting your account and thereafter by ceasing to use the Platform. If you have aSubscription, and terminate this Agreement before the end of such Subscription, we are
unable to offer any refund for any unexpired period of your Subscription.
Safeme may suspend your access to the Platform and/or terminate this Agreement at any time
if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of
without limitation, the provisions of the following sections: Your Use of the Platform, Your
Content, Grant of Licence , and Your Representations and Warranties; (iii) Safeme elects at
its discretion to cease providing access to the Platform in the jurisdiction where you reside or
from where you are attempting to access the Platform, or (iv) in other reasonable
circumstances as determined by Safeme at its discretion. If you have a Subscription and your
account is suspended or terminated by Safeme pursuant to (i) or (ii) above, you will not be
entitled to any refund for any unexpired period of your subscription. If your account is
terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of
Once your account has been terminated, any and all Content residing in your account, or
pertaining to activity from your account (for example, data relating to the distribution or
consumption of your sounds), will be irretrievably deleted by Safeme, except to the extent
that we are obliged or permitted to retain such content, data or information for a certain
period of time in accordance with applicable laws and regulations and/or to protect our
legitimate business interests. You are advised to save or back up any material that you have
uploaded to your account before terminating your account, as Safeme assumes no liability for
any material that is irretrievably deleted following any termination of your account. Safeme is
not able to provide you with any .csv or other similar file of data relating to activity
associated with your account, whether before or after termination or cancellation. This data is
provided and is accessible only for viewing via your account page on the Website for as long
as your account is active.
unenforceable, such provision(s) shall be deemed severable and will not affect the validity
full force and effect.
agreement between you and Safeme with respect to your use of the Platform (other than any
supersede any prior agreement between you and Safeme. Any modifications to this
Agreement must be made in writing.
does not affect our right to transfer our rights or obligations to a third party as described in
the Assignment to Third Parties section.
Applicable law and jurisdiction
Except where otherwise required by the mandatory law of the United States or any member
state of the European Union as well as United Kingdom and South Africa
(i) this Agreement is subject to the laws of the Federal Republic of Germany, excluding the
UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the
principles of conflict of laws (international private law); and
(ii) you hereby agree, and Safeme agrees, to submit to the exclusive jurisdiction of the courts
South Africa for resolution of any dispute, action or proceeding arising in connection with
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any
claim in which Safeme seeks equitable relief of any kind. You acknowledge that, in the event
of a breach of this Agreement by Safeme or any third party, the damage or harm, if any,
caused to you will not entitle you to seek injunctive or other equitable relief against Safeme,
including with respect to Your Content, and your only remedy shall be for monetary
At the time of registration, and for providing communications between the user account and their contacts, the user has to provide a display name (pen name), a username (nickname) and a working email address. The names will be accessible on the profile page of the account by any visitor of the page, even if other profile details are not displayed. The email address will only be used to send the user notifications about interactions, but won’t be visibly displayed. The listing of an account in the node's user directory or the global user directory is optional and can be controlled in the user settings, it is not necessary for communication.
This information is required for communication and is passed on to the nodes of the communication partners and is stored there. Users can enter additional personal information that may be transmitted to the communication partner's accounts.
At any point in time a logged in user can export their account data from the account settings. If the user wants to delete their account they can do so at https://ppdbook.sa-safeme.com/removeme. The deletion of the account will be permanent. Deletion of the data will also be requested from the nodes of the communication partners.