"Festival Mall" 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 Festival Mall site via transmission by electronic mail or otherwise;
"forums" Including but not limited to bulletin boards, chatrooms and other public areas found on the Festival Mall site;
INTRODUCTIONIn 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 USEFestival Mall consists of content which is derived entirely or in part from content supplied by Festival Mall 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 Festival Mall 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 Festival Mall 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.
SUBMISSIONS / BULLETIN BOARDS / FORUMS / BLOGS / USER GENERATED CONTENTAny submissions, shall be deemed to be and remain the exclusive property of Festival Mall. The various forms of content, which are found on the Festival Mall site, shall be deemed to remain the exclusive property of Festival Mall.
Festival Mall has the right, but not the obligation to monitor and review submissions submitted by users. Festival Mall shall not be responsible for any of the content of these messages.
Festival Mall further reserves the right to delete, move or edit submissions that Festival Mall, 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 USERThe user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to Festival Mall 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 Festival Mall 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 Festival Mall 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 Festival Mall. 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 Festival Mall harmless against all claims for any damages whatsoever arising from the use of Festival Mall.
DAMAGES, WARRANTY, INDEMNITYThe user expressly agrees that the use of Festival Mall is at the users sole risk. Festival Mall does not guarantee or warrant;
- that Festival Mall will be uninterrupted;
- that Festival Mall 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 Festival Mall in so far as accuracy and content of any such information is concerned;
- any merchandise provided through Festival Mall.
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 Festival Mall indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use Festival Mall. The user acknowledges that the provisions of this paragraph shall apply to all the contents of Festival Mall.
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.
GENERALThis agreement, the terms, conditions and operating rules for Festival Mall, 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.
Festival Mall 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.
Festival Mall shall have the exclusive right to at any time change or discontinue any aspect or feature of Festival Mall.
AGREEMENT TO AND TERMINATION OF AGREEMENTThe 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 Festival Mall.
If the user does not accept all the terms and conditions in full, the user must exit the site immediately. Festival Mall 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 Festival Mall has the right to claim any indirect, direct, incidental, special or punitive damages caused to Festival Mall from the user's unauthorized access and/or use of Festival Mall. The user further indemnifies Festival Mall against any claims for damages of whatsoever nature caused to another party by the user's unauthorized use and/or access of the sites.