"User" a person who uses and/or access computer Software and/or material
via the
Divercity website;
"
Divercity" This Website, its sponsors, affiliates and
creators;
"Software" Including but not limited to any images or files incorporated in
or
generated by the software or data accompanying such software;
"Material" Including but not limited to: text, submissions, images, audio
and/or
video in whole or in part;
"Content" Included but not limited to software and material;
"Submissions" Including but not limited to notes, images, creative
materials,
ideas, suggestions concepts, communication including any data, questions, comments and other
information submitted in
the
Divercity site via transmission by electronic mail
or
otherwise;
"Forums" Including but not limited to bulletin boards, chatrooms and other
public
areas found on the
Divercity site;
INTRODUCTION
In this agreement unless it appears to the contrary, the singular shall include the plural
and visa
versa, any reference to any gender shall also includes the opposite gender and any reference
to a
natural person, shall include legal person and visa versa.
TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE
Divercity consists of content which is derived entirely
or in
part from content supplied by
Divercity and other
sources. The
said contents are protected under applicable South African Copyright and Trade Mark Laws,
International Trade Marks and Copyright Laws and conventions.
The user may not reproduce, duplicate, publish, modify, copy, download, upload in any
manner, post,
broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way
exploit
any of the content, that being software and/or material; except in so far that the user may
download
one copy of the content on any single computer for the user's personal, non-commercial home
use
only; and provided that all propriety notices and restrictions attached onto the content are
kept
intact, unless expressly permitted by the site, or unless prior written consent from
Divercity has been obtained. Requests for permission
regarding
any issue relating to the content which fall into the ambit of the limitations stated above,
can be
made by contacting the
Divercity contact person listed.
The user is also strictly prohibited from creating works, and/or software materials derived
from or
which are based on the contents found on this site. The prohibition applies regardless of
whether
the content is sold, negotiated or given away and/or further alienated in any manner
whatsoever.
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
Divercity contains links to other related world wide web
Internet
sites. No inference can be made or representation implied that
Divercity is connected with, operates or controls these
linked
web sites. Whether or not these linked sites are in fact affiliated with
Divercity,
Divercity
is not
responsible for the content on the aforesaid sites. The links sites are for the user's
convenience
only and the user's access to thereto is at the user's own risk. When visiting linked sites,
the
user must refer to that linked site's individual terms of use and cannot rely on the terms
of this
agreement.
SUBMISSIONS / BULLETIN BOARDS / FORUMS / BLOGS / USER GENERATED CONTENT
Any submissions, shall be deemed to be and remain the exclusive property of
Divercity. The various forms of content, which are found
on the
Divercity site, shall be deemed to remain the exclusive
property
of
Divercity.
Divercity has the right, but not the obligation to
monitor and
review submissions submitted by users.
Divercity shall
not be
responsible for any of the content of these messages.
Divercity further reserves the right to delete, move or
edit
submissions that
Divercity, in its exclusive discretion,
deems
abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise
objectionable.
RULES OF CONDUCT FOR THE USER
The user with the inclusion of but not the limitation of, agrees that they will not transmit
submissions to
Divercity that;
- Use any of the forums for illegal purposes;
- Are for purpose of spamming;
- Restrict or inhibit any other user from using and enjoying the forums;
- Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane
pornographic and/or
allow for indecent information that constitutes a criminal offence and/or gives rise
to a
civil liability claim or otherwise violates any local, national or international
law;
- Violate the Copyright, Trademark or other Intellectual property rights of any other
person
by the submission of the content to Divercity
through the
forums or other user generated content avenues, which allow for such submissions.
The user
by the transmission of content in any manner whatsoever, represents to
Divercity that they are the rightful owner of
such
content transmitted or that the user has obtained permission from the rightful
owners to
submit such content transmitted;
- Contain viruses or other harmful content;
- Are intended for commercial purposes, contain marketing or promotional materials or
are
intended to solicit donations.
The user agrees that all submission become the exclusive property of
Divercity. The user agrees that they shall be solely
liable for
any damage resulting from any infringement of Copyrights, Trademarks and other proprietary
rights or
any other damages resulting from such a submission. The user further indemnifies and holds
Divercity harmless against all claims for any damages
whatsoever
arising from the use of
Divercity.
DAMAGES, WARRANTY, INDEMNITY
The user expressly agrees that the use of
Divercity is
at
the
users sole risk.
Divercity does not guarantee or
warrant;
- that Divercity will be uninterrupted;
- that Divercity will be fault free and that the
defects
will be corrected;
- that the results that may be obtained from the use or application from information
gained
from Divercity in so far as accuracy and content
of any
such information is concerned;
- any merchandise provided through Divercity.
This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or
endorsement made and without warranty of any kind whether express or implied, including but
not
limited to warranties of satisfactory quality, non- infringement, title, security and
compatibility.
The user acknowledges and confirms the
Divercity
indemnity to,
including but not limited to, indirect, direct, incidental, special, consequential or
punitive
damages arising from the use of or inability to use
Divercity.
The user acknowledges that the provisions of this paragraph shall apply to all the contents
of
Divercity.
The disclaimer of liability applies to damages or injury, including but not limited to,
indirect,
direct, incidental, special, consequential or punitive damages or any damages whatsoever
arising
from use or loss of use of data or of profits, whether in breach of contract, tortious
action,
negligence, or under
any other cause of action.
If any of the terms and conditions of this agreement should be deemed to be unlawful,
invalid or
otherwise unenforceable by reason of the laws of any state or country in which these terms
and
conditions are intended to be effective than to the extent only and within the jurisdiction
in which
that term and condition is illegal, invalid or unenforceable, it shall be severed and
deleted from
this agreement and the remaining terms and conditions shall survive, remain in full force
and effect
and continue to be binding and enforceable.
GENERAL
This agreement, the terms, conditions and operating rules for
Divercity, constitute the entire agreement between the
parties
with respect to the subject matter hereof. The agreement and the terms and conditions shall
be
governed and construed in accordance with the laws of the
Republic of South Africa. Any dispute arising here from shall be exclusively subject to the
jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section
headings
used herein are for convenience only and shall be of no legal consequence.
Divercity may at any time revise these terms and
conditions by
updating the postings. The user is bound by such revisions and should therefore periodically
visit
this agreement to review the then current terms and conditions to which the user is bound.
Divercity shall have the exclusive right to at any time
change or
discontinue any aspect or feature of
Divercity.
AGREEMENT TO AND TERMINATION OF AGREEMENT
The use of or access to this site constitutes the user's acceptance of terms and conditions
hereof,
which are binding on the user and take effect on a date which the user first makes use of,
or access
to
Divercity.
If the user does not accept all the terms and conditions in full, the user must exit the
site
immediately.
Divercity has the exclusive discretion to
terminate
the agreement at any time.
After the user has exited the site as aforesaid the user must destroy all content, whether
materials
or software, obtained from the site and all copies thereof.
In the event of the user failing to exit the site as aforesaid
Divercity has the right to claim any indirect, direct,
incidental, special or punitive damages caused to
Divercity from
the user's unauthorized access and/or use of
Divercity.
The user
further indemnifies
Divercity against any claims for
damages of
whatsoever nature caused to another party by the user's unauthorized use and/or access of
the sites.