VERSION 1.0 – last updates 29 August 2016
ACCEPTABLE USE: You agree not to:
- Modify, adapt or translate any part of our Website in an unauthorised manner
- Reverse-engineer, decompile, create derivative works of, modify, disrupt, otherwise tamper or disassemble the technology we use to provide our Website (and/or related services) or otherwise attempt to obtain our Website source code
- Bypass, modify, defeat, reverse-engineer, disassemble, tamper with or circumvent any of the security features of our Website, including altering any digital rights management functionality of our Website
- Remove or alter any copyright, trademark or other proprietary notice contained on our Website
- Interfere with or damage our Website or our servers through the use of viruses, bots, Trojans, harmful code, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technologies that cause harm to our Website
- Impersonate another person or entity, misrepresent your affiliation with a person or entity (including us), or use a false identity when communicating with Praekelt Foundation
- Collect, manually or through an automatic process, information about other users or our Website
- Submit false or misleading information to us or post material that infringes on a third party’s intellectual property
- Engage in any activity that interferes with any third party’s ability to use or enjoy, or our ability to provide our Website
- “Deep link” or frame, inline link or mirror any part of our Website without our written permission
- Engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited communication AND
If you breach these restrictions, you may be subject to prosecution and damages and/or prohibited from using our Website or benefitting from the Praekelt Foundation services.
REPRESENTATIONS, WARRANTIES AND DISCLAIMERS: Except as expressly provided otherwise, our website and all information, software, documentation, materials, services and publications on our website are provided “as-is” and on an “as available” basis without warranty of any kind and Praekelt Foundation hereby disclaims all warranties either expressed or implied, including but not limited to, all warranties and conditions of merchantability, fitness for a particular purpose, accuracy, title and non-infringement.
We do not represent or warrant that our websites and our services will be uninterrupted or error-free, that the defects will be corrected, or that our websites or the servers that make our websites available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on our website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within our website, materials, publications and documents. Our website, materials, publications and documents may contain technical inaccuracies or typographical errors. Praekelt Foundation assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in our website, materials, publications and documents and in any other reference. Applicable law may not allow certain limitations or exclusions on warranties, hence the above limitations shall apply to you to the fullest extent permissible given the applicable law.
In no event will Praekelt Foundation and/or its respective suppliers or agents be liable for any special, indirect, incidental or consequential damages resulting from the use of, or the inability to use, our website or materials on our website, even if we have been advised of the possibility of such damages, whether in an action of contract, negligence or delictual action.
REPRESENTATIONS: You represent and warrant to Praekelt Foundation that:
- You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of Praekelt Foundation or any third party in your use of our Website; and
If you are under the age of 18, you represent and warrant that you have your parent or guardian’s permission to use this Website. For purposes herein, ‘you’ or ‘your’ shall be any person accessing this Website or utilising any of the services offered by Praekelt Foundation on this Website including the parent(s) or legal guardian(s) of a minor who utilizes the services for the benefit of such minor.
USER CONTENT: Praekelt Foundation may provide interactive areas on the Website, in which you/ other Website users may post communications.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Praekelt Foundation, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Praekelt Foundation Sites. Praekelt Foundation does not control the Content posted via the Praekelt Foundation Site.
- Under no circumstances will Praekelt Foundation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all relevant agreements, rules and regulations regarding online conduct and acceptable Content.
- Praekelt Foundation does not claim ownership of any Content submitted and/or posted by you on the Website. However, by submitting and/or posting any Content to the Website, you grant Praekelt Foundation a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any Website user to access, display, view, store and reproduce such Content for personal use.
INTELLECTUAL PROPERTY: All rights in the Website and the content on the Website including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing are reserved for Praekelt Foundation and/or Praekelt Foundation’s content and technology providers.
- The Praekelt Foundation logo(s) displayed is subject to trademark and/or copyright protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent.
- The Website may contain further text, images, graphics, that are subject to the copyright of third parties and You agree not to use such materials in a manner that violates the rights of such third parties.
- You may not (and may not authorise another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a user the impression that You or a third party has the right to display, publish or distribute the Website.
- No license to Praekelt Foundation’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated.
- You may view, download and print content from the Website for information purposes only.
- You may not modify the paper or digital copies of any materials you have printed or downloaded from the Website.
- You may not use any part of materials on this Website for commercial purposes without obtaining a licence from Praekelt Foundation or their licensors to do so.
UNAUTHORISED ACCESS: You are not allowed to gain or attempt to gain unauthorised access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorised access to any part of the Website.
TERMINATION: We may, in our discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of our Website at any time without prior notice. We may deny you access to all or part of our Website at any time for any reason or no reason at all.
GOVERNING LAW: The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa. Any litigation arising out of or relating to this Agreement must be filed and pursued exclusively in South Africa, and you consent to the jurisdiction of and venue of such courts.