Terms & Conditions for Use of the 2oceansvibe web site
Terms & Conditions for Competitions here.
Important Note to Users:
Please note that in terms of South African law (the Electronic Communications and Transactions Act 25 of 2002, these Terms and Conditions are binding and enforceable against all persons who access the 2oceansvibe website (or any part thereof).
If you do not agree to these terms and conditions you are advised to leave this web site now, as further use will automatically bound you to these terms and conditions.
1.DEFINITIONS AND GENERAL
1.1All references to the 2oceansvibe web site or content shall include any part thereof;
1.2 All references to the words “you” and /or “User(s)” means any person who accesses the 2oceansvibe web site and these words shall be used interchangeably;
1.3 the 2oceansvibe website shall be herein referred to as any of the following: “2oceansvibe web site”, “this website”, “the website” and these terms shall be used interchangeably.
1.4 These terms and conditions constitute the entire agreement between 2oceansvibe and the User.Ã‚Â Any failure by 2oceansvibe to exercise or enforce any right or provision or any indulgences granted to any User shall in no way constitute a waiver of any of the rights of 2oceansvibe or a waiver of any such provision/s.
1.5 In the event that any term or condition detailed in this agreement is found to be unenforceable or invalid for any reason whatsoever, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable against the User.Ã‚Â
1.6 Any and all permissions granted in terms of this agreement are provided on a non-transferable and non-exclusive basis and may be terminated or cancelled by 2oceansvibe at any time without prior notice or having to provide any reasons therefor to the User.
2.1 By way of background, the 2oceansvibe web site incorporates, amongst other things, a lifestyle, sports and entertainment blog, advertising space for third party advertisers, links and references to the writer’s personal product and venue choices and recommendations, business references, reviews (including music, movies and third party videos (both public and private), political views and references, event notices and general information. The content of the web site covers international and local events and information and targets a South African audience as well as any persons or business who have an interest in Cape Town and South Africa as a whole.
2.2 The content varies from covering issues and news of general interest, references to stories and news and in some parts contains writing which is intended to be humorous and/or fictional and/or autobiographical.
3.1 The 2oceansvibe web site has not been compiled to meet any User’s individual and personal requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with 2oceansvibe, that the content and services available from and through the 2oceansvibe web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
3.2 Information, ideas and opinions expressed on the 2oceansvibe web site should not be regarded as professional advice or the official opinion of 2oceansvibe and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the 2oceansvibe web site.
3.3 Whilst 2oceansvibe shall take all reasonable steps to ensure quality and accuracy of content available, some of the information on the web site is intended to be of a humorous and/or fictional nature and 2oceansvibe therefore does not make any warranties or representation that content and services available from the 2oceansvibe web site will in all cases be true, correct or free from any errors, nor does it make any warranties that the 2oceansvibe website will be available at all times.Ã‚Â Users acknowledge that the 2oceansvibe web site may be unavailable due to updates or any other causes which are beyond the reasonable control of 2oceansvibe.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All intellectual property on the 2oceansvibe web site, including any copyright or any other intellectual property rights is the property of, or is licensed to 2oceansvibe. As the owner (throughout the universe and in perpetuity)and/or the licensee (as the case may be) of the property, 2oceansvibe has the rights, title and interest in all of the content, text, graphics, databases, designs, software, icons and hyperlinks on the Ã‚Â 2oceansvibe web site. As such, 2oceansvibe’s intellectual property is protected from infringement by domestic and international treaties and legislation.
4.2 “2oceansvibe” and the tag line “Work is a sideline, live the holiday” Ã‚Â as well as the design of the logo (“the device”) and any pictures used in conjunction with the name are trade marks belonging to the owner of the web site and Users agree not to use the 2oceansvibe trademark or the above tag line as a website name; or article title; and/or as an element of a domain name or sub domain name (notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law). Upon request to do so, a User shall immediately cease to use such website name, article title and/or domain / sub domain name and transfer it to the owners of the 2oceansvibe website at the User’s own cost.
5. ALLOWED USE AND LICENSE
5.1 2oceansvibe licenses the User to view, copy, download and print the content of the 2oceansvibe web site, on the strict conditions that:
5.1.1 such content is used for personal, educational and/or non-commercial purposes only (for the avoidance of any doubt, it is noted that copying any material from the website for use on a website blog (regardless of whether personal and/or commercial) and/or on any web site is not permitted and a User is required to obtain the prior written consent of the owner; and
5.1.2 any reproduction of content (in whole of part) including any quotations, excerpts or references to the web site includes the following copyright notice: “ © 2oceansvibe. ALL RIGHTS RESERVED” and
5.1.3 acknowledges 2oceansvibe as the source of the content (including the date upon which the content was sourced), and
5.1.4 acknowledges writers, artists, photographers and third parties in the same way as they have been acknowledged on the 2oceansvibe web site.
5.2 Further to the above, text and/or graphics from the 2oceansvibe web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of 2oceansvibe.
5.3 In amplification of the above, all quotations must be placed in inverted commas, the author must be acknowledged and a hyperlink to the quoted content must be provided as a footnote to such quote.
5.4 Users may only access and use the 2oceansvibe web site for legal purposes.
5.5 The caching of the 2oceansvibe web site shall only be allowed if:
5.5.1The purpose of the caching is to make the onward transmission of the content from the 2oceansvibe web site more efficient;
5.5.2 The cached content is updated regularly at least every 10 (ten) hours;
5.5.3 The cached content is not modified in any manner whatsoever; and
5.5.4 The cached content is removed or updated when so required by 2oceansvibe.
5.6 Apart from legitimate search engine operators, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the 2oceansvibe web site for any purposes, without the prior written consent of 2oceansvibe.
6. BREACH AND HYPERLINKS
6.1 In the event of any person using the content from the 2oceansvibe web site in breach of the provisions detailed in this document:
6.1.1 2oceansvibe reserves the right to claim damages from such person; and
6.1.2 2oceansvibe shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
6.2 Hyperlinks to the 2oceansvibe web site from any other source shall be directed at the home page of the 2oceansvibe web site. 2oceansvibe shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the 2oceansvibe web site, if such content was accessed through a hyperlink not directed at the home page of the 2oceansvibe web site. Persons that wish to link to content beyond the home page of the 2oceansvibe web site shall do so at their own risk and herein undertake to indemnify 2oceansvibe against any loss, liability or damage that may result from content on the 2oceansvibe web site, if such content was accessed through a hyperlink not directed at the home page of the web site.
6.3 2oceansvibe shall not in any way be liable for deep linking because deep linking bypasses these terms and conditions and 2oceansvibe can therefore not be held responsible.
7. CHANGES TO THIS DOCUMENT AND TO THE 2OCEANSVIBE WEBSITE
2oceansvibe hereby reserves the right, in its sole discretion, to, at any time, and without prior notice, change these terms and conditions; change the content and/or services available from the 2oceansvibe web site; discontinue any section or part of the 2oceansvibe site or service(s) available from the web site; and/or change the software and hardware required to access and use the 2oceansvibe web site.
8 INFORMATION OF USERS
8.1 Where any information has been made available to 2oceansvibe by the User, 2oceansvibe may electronically collect, store and use the following personal information of Users:
name and surname; birth date; gender; country and/or city of residence; click patterns and frequency of site visits; e-mail address; and IP address.
8.2 2oceansvibe may collect, maintain, save, compile, share, disclose and sell any information collected from Users but such use shall be subject to the following:
8.2.1 2oceansvibe shall not disclose personal information from Users unless the User consents thereto, or where it is through due legal process; and
8.2.2 2oceansvibe may compile, use and share any information that does not relate to any specific individual.
8.3 2oceansvibe owns and retains all rights to non-personal statistical information collected and compiled by 2oceansvibe.
9. THIRD PARTY ADVERTISERS, HYPERLINKS TO THIRD PARTY SITES AND REFERENCES TO THIRD PARTY NEWS AND INFORMATION
As noted above, 2oceansvibe permits the advertising on its web site from third party advertisers. 2oceansvibe may also provide hyperlinks to web sites not controlled by it and such links do not in any way imply any agreement on, endorsement or support for the content of such sites. Because 2oceansvibe does not control the editorial content of such third party advertising or sites, it shall not be liable, in any manner whatsoever, for the access to, inability to access or in respect of content available in advertisements and through these other sites.
10. SECURITY OF CONTENT AND INFORMATION
10.1 2oceansvibe shall take all reasonable steps to secure the content of the 2oceansvibe website and any information provided by and collected from Users from unauthorised access and/or disclosure. Notwithstanding this however, 2oceansvibe does not make any warranties or representations that content shall be entirely safe and secure and shall not be liable in this regard.
10.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the 2oceansvibe web site or the server and computer network that support the 2oceansvibe web site. Any person who delivers any damaging code to the 2oceansvibe web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold 2oceanvibe harmless against any and all liability, damages and losses which 2oceansvibe and its members and related parties (affiliates) may suffer as a result of such damaging code. This does not in any way limit 2oceansvibe’s right to bring criminal action against such person/s.
11. LIMITATION OF LIABILITY
11.1 2oceansvibe (including its owners, employees, network operators, partners, affiliates, suppliers, third party advertisers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from, including but not limited to: access to the 2oceansvibe web site or access to web sites linked to the 2oceansvibe web site, or from an inability to access the 2oceansvibe web site or any of its linked sites, or from content and/or services available on the 2oceansvibe web site.
11.2 All writing on the 2oceansvibe web site which describes individuals or depicts certain public or private personalities is simply the opinion of 2oceansvibe and does not purport to be factual report or finding on any such person. Furthermore, 2oceansvibe intends to be humorous when describing certain persons and in no way intends to cause harm of any kind to any such person/s. 2oceansvibe shall therefore not be liable for defamation, slander, personality infringement or related causes of action in South Africa.
11.3 2oceansvibe shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.Ã‚Â
11.4 2oceansvibe also sources content from various third parties e.g. newspapers, news web sites, news and personal blogs and freelance writers and therefore does not editorially control the content provided by any such third parties. In this regard, 2oceansvibe only serves as an electronic distributor of such third party content. Therefore 2oceansvibe shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the 2oceansvibe web site not created by 2oceansvibe itself.Ã‚Â
12. APPLICABLE AND GOVERNING LAW
The 2oceansvibe web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law as enforced by the South African courts governs the use or inability to use the 2oceansvibe web site, its content, services as well as these terms and conditions.