Terms and Conditions (End-users)
Please read the network publisher terms and conditions here.
Last Updated: 05 September 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
This Web site ("Site") is owned by Motribe Mobile Networks (Proprietary) Limited ("Motribe") and, in the case of each social network hosted within and made available on the Site, is operated by Motribe on behalf of the publisher and/or administrator of such social network ("Network Publisher"). These terms and conditions of use ("Site Terms") apply to your use of the Site and do not alter in any way the terms or conditions of any other agreement you may have with Motribe or the Network Publisher (collectively, "us", "we", "our"), our subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify us for violations of these Site Terms.
2. Ownership of the Site and its Contents
2.1 You acknowledge that this Site is owned by, and all intellectual property rights therein vest in, Motribe and/or the Network Publisher, our respective licensors, advertisers or third-party content providers and that any unauthorised use thereof is expressly prohibited. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Site Content"), is owned by Motribe and/or the Network Publisher, our respctive licensors, advertisers or third-party content providers.
2.2 All elements of the Site, including the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
2.3 We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site.
3. Use of the Site
3.1 This Site and the Site Content are intended for Motribe’s users and for members of the Network Publisher’s social network. You may not use this Site or the Site Content for any purpose not related to your use of Motribe’s system or the Network Publisher’s social network. You are specifically prohibited from: (a) printing, downloading, copying, adapting or re-transmitting any or all of the Site or the Site Content otherwise than through your bona fide, personal, non-commercial use of the Site without, or in violation of, a written license or agreement with us; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our products or services if you are not expressly authorised by such party to do so; and (e) using the Site or the Site Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations.
3.2 You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data exported from the Republic of South Africa, the country from which you export the data or the country in which you reside.
4.1 Our logos and any other product or service name or slogan contained in the Site are registered or unregistered trademarks of us and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Motribe or the applicable trademark holder. You may not use metatags or any other HTML tags, comments or hidden text utilising “Motribe” or any other name, trademark or product or service name of Motribe without Motribe’s prior written permission. In addition, the look and feel of the Site (including, without limitation, all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Motribe and/or the Network Publisher and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5.1 You may not use a Motribe logo or other proprietary graphic of Motribe to link to this Site (or any other site) without the express written permission of Motribe. Further, you may not frame any of our trademarks, logos or other proprietary information, including the Site Content, without our express written consent.
5.2 We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide such links (if any) to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that Motribe’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
5.3 Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
6. Registration Data and Account Security
6.1 In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Motribe immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (F) accept all risks of unauthorised access to the Registration Data and any other information you provide.
7. Interactive Areas
7.1 The Site may include interactive areas or services, including, without limitation, blogs, discussion forums, chat rooms, bulletin boards, message boards, online hosting or storage services, intranets or extranets, or other areas or services in which you, registered Site members or third parties create, post or store any information, content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, download, transmit, distribute, store, create or otherwise publish through the Site any of the following:
7.1.1 Any message, comment, data, document, file, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, in breach of an obligation of confidentiality, fraudulent or otherwise objectionable or that you know or have reason to believe is incorrect, inaccurate, misleading or outdated;
7.1.2 User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
7.1.3 User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
7.1.4 User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
7.1.5 Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
7.1.6 User Content that constitutes spam, is machine- or randomly-generated, that contains unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, to further unlawful acts (e.g., phishing) or to mislead recipients as to the source of the material (e.g., spoofing);
7.1.7 Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, identity numbers and credit card numbers;
7.1.8 Viruses, corrupted data or other harmful, disruptive or destructive files; or
7.1.9 User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or continuous posting of repetitive text), or which may expose us or our users to any harm or liability of any type.
7.2 Further, you agree not to delete or revise any User Content posted by any third party. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Motribe is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
7.3 Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, and no User Content is endorsed, reviewed or approved by us, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
7.4 Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that we may access, use or disclose any information about you or your use of this Site, including, without limitation, any User Content to comply with the law or any legal process; protect and defend our rights or property; or to protect the safety of our companies, employees, customers or the public.
7.5 If you delete any of your User Content, we will use reasonable efforts to remove it from the Site, but you acknowledge that such deleted User Content (or references to it) may persist due to caching and may, therefore, not immediately be made unavailable.
8.1 You agree to defend, indemnify and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third party information providers and independent contractors, against any and all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site or any third party User Content on which you may rely, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
9.1 THIS SITE, THE MOTRIBE CONTENT AND THE USER CONTENT ARE PROVIDED "AS IS" AND WE AND OUR DIRECTORS, MEMBERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE MOTRIBE CONTENT OR THE USER CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE MOTRIBE CONTENT OR USER CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE MOTRIBE CONTENT OR USER CONTENT ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
9.2 We use reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content's accuracy, correctness or reliability.
9.3 We have no direct control over User Content, makes no representations or warranties whatsoever in respect thereof and expressly disclaims any liability in connection therewith.
10. Limitation of Liability
10.1 IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, DELICT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE MOTRIBE CONTENT, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO MOTRIBE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR JOINT AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, DELICT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE.
11. Dispute Resolution and Governing Law
11.1 These Site Terms will be governed, construed and take effect in all respects in accordance with the laws of the Republic of South Africa.
11.2 Any dispute relating in any way to your use of the Site or the Site Content shall be submitted to confidential arbitration to be held in Sandton under the rules of the Arbitration Foundation of Southern Africa (or its successor in title), to which arbitration you hereby consent; except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek interdictory, injunctive or other appropriate relief in any applicable court in the Republic of South the Africa, and you consent to exclusive jurisdiction and venue of such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
12.1 Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to restrict or block your use of the Site.
13. Miscellaneous Provisions
13.1 These Site Terms (as varied from time to time in accordance with clause 14 below) constitute the sole record of the agreement between you and us in relation to your use of the Site. Neither you nor us shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Site Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Site. Notwithstanding the foregoing, Motribe’s licensors, advertisers, Network Publishers or third-party content providers may be granted access to the Site by virtue of a separate written agreement with Motribe. If this applies to you, these Site Terms must be read in conjunction with such agreement which takes precedence over these Site Terms in the event of any conflict.
13.2 Failure or neglect by us to enforce at any time any of the provisions of the Site Terms shall not be construed as a waiver of its rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by us.
13.3 If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
13.4 Any rights not expressly granted herein are reserved.
14. Changes to Site Terms
14.1 Motribe reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When Motribe makes changes, we will revise the "Last Updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit this Site.
15. Contact Information
15.1 Questions or comments about the Site or Site Terms may be directed to Motribe at [email protected]
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