Terms Of Use
1 ACCEPTANCE OF TERMS
Your access to and use of Roxy South Africa ("the Website") is subject exclusively to these Terms and Conditions. You may not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions. The Roxy South Africa Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Roxy South Africa Web Site constitutes your agreement to all such terms, conditions, disclaimers and notices contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
3 CHANGES TO WEBSITE
Roxy South Africa reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Roxy South Africa shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Roxy South Africa and Roxy South Africa is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Roxy South Africa is not responsible for webcasting or any other form of transmission received from any Linked Site. Roxy South Africa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Roxy South Africa of the site, it’s contents or any association with its operators.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Roxy South Africa or otherwise used by Roxy South Africa as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. USE OF COMMUNICATION SERVICES
The Roxy South Africa Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- 6.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- 6.2 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- 6.3 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- 6.4 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- 6.5 Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- 6.6 Conduct or forward surveys, contests, pyramid schemes or chain letters.
- 6.7 Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- 6.8 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- 6.9 Restrict or inhibit any other user from using and enjoying the Communication Services.
- 6.10 Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- 6.11 Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- 6.12 Violate any applicable laws or regulations.
Roxy South Africa has no obligation to monitor the Communication Services. However, Roxy South Africa reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Roxy South Africa reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Roxy South Africa reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Roxy South Africa’s sole discretion.
Roxy South Africa does not claim ownership of the materials you provide to Roxy South Africa (including feedback and suggestions) or post, upload, input or submit to any Roxy South Africa Website. However, by posting, uploading, inputting, providing or submitting your submission you are granting Roxy South Africa and it’s necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein.
By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
7 DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Roxy South Africa will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Roxy South Africa makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.5 To the maximum extent permitted by applicable law, in no event shall Roxy South Africa and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Roxy South Africa website, with the delay or inability to use the Roxy South Africa website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Roxy South Africa website, or otherwise arising out of the use of the Roxy South Africa website, whether based on contract, delict, negligence, strict liability or otherwise, even if Roxy South Africa or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Roxy South Africa website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Roxy South Africa website.
8 INDEMNITY
You agree to indemnify and hold Roxy South Africa and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Roxy South Africa arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.