• Terms Of Use

Effective January 01, 2008

Please read this web page carefully. It contains the terms and conditions governing your access to and use of sydneymnisi.co.za (the “Web Site”). If you do not accept these Terms of Use or you do not meet or comply with these provisions, you may not use the Web site. This Agreement is made between Sydney Ace Mnisi, (the “Owner”) and the Web Site visitor (“you”). We reserve the right to change the terms of this Agreement at any time. Any such changes we make will be effective immediately upon the posting of the changes on the Web site. Your use of the Web site after such revision will be deemed acceptance of such changes so it is important to review this Agreement periodically for the most current version. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.
General Use Rules. You agree to use the Web Site only for lawful purposes. The Owner is the sole interpreter of the Web site’s intended and acceptable use. You must be at least 13 years of age to use the services available on the Web site. If you are between the ages of 13 and 18, you may use the services with the consent and involvement of your parent or legal guardian. By using the services available on the Web site, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these terms and our Privacy Policy and authorize your child who is between the age of 13 and 18 to use this Web Site and the available services, subject to your responsibility for their conduct.


Owner reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Web site is void where prohibited. If you choose to access the Web site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

License to Use Web Site. The Owner hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use the services and/or the materials available on the Web site for personal, noncommercial use only, subject to the restrictions in this Agreement.

Privacy Policy. Please read the Web site’s Privacy Policy, which is hereby incorporated by reference. The Privacy Policy discusses and governs our collection and use of any information that is submitted to, or collected by, us. You understand that through your use of the services available on the Web Site, you consent to the collection and use (as set forth in the Privacy Policy) of registration data and certain other information about you, including without limitation, your email address and cell phone number.

Intellectual Property Rights. This Web site is protected by copyrights, trademarks and/or other proprietary rights, and except as specifically provided in this Agreement, your use of the Web site and its services shall be governed and constrained by applicable copyright, trademark and other intellectual property laws, in addition to this Agreement. You specifically agree that the Owner or its third-party licensors’ own all intellectual property rights in and to the content offered on the Web site (regardless of whether those rights are registered). All rights are herein expressly reserved.

User Conduct:

Content. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on this Web site (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that Owner does not control, and is not responsible for Content made available through this Web site, and that by using this Web site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Owner be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via this Web site.

User Submitted Content. Owner does not claim ownership to the Content you provide to the Web site (including feedback and suggestions) or post, upload, input or submit to the Web site. However, by posting, uploading, inputting, providing or submitting your Content, you are granting Owner and its licensors a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable (through multiple tiers) right to use your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; publish your name in connection with your Content; and sublicense such any such rights. No compensation will be paid with respect to the use of your Content as provided herein. Owner is under no obligation to post or use any Content you may provide, and Owner may remove any Content at any time in its sole discretion. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.

Owner is not responsible for any user’s Content that may appear on the Web site; nor is Owner responsible for or involved in reviewing, editing, or removing any Content on this Site. Owner also does not have any control over and does not guarantee the quality, applicability or accuracy of any Content. Owner does not assume any liability associated with a user’s use of the Web site, or anything contained hereon, including, without limitation, intellectual property infringement relating to or concerning any Content. Please make sure that the Content you provide conforms to all applicable intellectual property right laws.

By submitting contributions to the Web site, including, ideas, suggestions, documents, music or lyrics, and/or proposals of any kind, you acknowledge and agree that: (a) your contributions do not contain any confidential or proprietary information belonging to another; (b) Owner is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) Owner shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Owner may have something similar to the contributions already under consideration or in development; (e) your contributions automatically become the property of Owner without any obligation of Owner to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Owner under any circumstances.

General Rules of Conduct. We ask that each User respect one another and the Owner by following these general rules of conduct. You shall not:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise deemed by us to be objectionable;
b. harm minor in any way or act in any way predatory toward minors;
c. impersonate any person or entity, including, but not limited to, Owner, Sydney Ace Mnisi, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. manipulate identifiers in order to disguise the origin of any Content transmitted through to the Web site;
e. upload, email, post, or otherwise make available any Content that you do not have a right to make available, including without limitation, any Content that infringes any patent, trademark, copy right, trade secret or other proprietary rights of another party;
f. upload, email, post, or otherwise make available any unsolicited or unauthorized advertising, promotional advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
g. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to enjoy the services of the Web site;
h. interfere with or disrupt the Web site, its services, or servers;
i. intentionally or unintentionally violate any applicable local, state, national or international law.
j. stalk or otherwise harass another, and/or;
k. collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein.

You agree that Owner has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over the Web site, or (d) other Content maintained or transmitted by the Web Site.

Links. The Web site may provide, or third parties may provide, links to other web sites. Owner has no control over such sites, therefore, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and doe not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE WEB SITE AND ITS SERVICES IS AT YOUR SOLE RISK. THE WEB SITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OWNER (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF OWNER (COLLECTIVELY, “OWNER THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, OWNER AND OWNER THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER OWNER NOR ANY OWNER THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO OWNER OR ANY OWNER THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE WEB SITE OR ITS SERVICES, YOU USE OF THE WEB SITE OR ITS SERVICES, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

General Information.

Entire Agreement. The Terms of Use constitutes the entire agreement between you and Owner and governs your use of the Web site and its services, superseding any prior agreements between you and Owner with respect to the Web site and its services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of use and the relationship between you and Owner shall be governed by the laws of South Africa without regard to its conflict of law provisions. You and Owner agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.

Waiver and Severability of Terms. The failure of Owner to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site, its services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Violations. Please report any violations of the Terms of Use to Sydney Ace Mnisi.

 



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