1. ACCEPTANCE OF TERMS
GlobyLink provides a collection of online services which include, browsing and posting of business ads, comments, online chat, and various email services, (referred to as "the Service" subject to the Terms and Conditions of Use (the "Terms"). By using the Service, you agree to comply with these Terms. Additionally, when using particular GlobyLink services, you agree to conform to any applicable posted guidelines for all GlobyLink services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with GlobyLink in any way, your only choice is to immediately discontinue use of GlobyLink. These Terms may be updated by GlobyLink at any time. You understand and agree that you are solely responsible for reviewing these Terms from time to time.
2. CONTENT POLICY
A. You understand that GlobyLink does not control, and is not responsible for ads, messages, emails, comments, files, images, photos, video, sounds, or any other material ("Content") made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GlobyLink site and Content available through the website may contain links to other websites, which are completely unrelated to GlobyLink. GlobyLink makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is completely at your own risk. 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 GlobyLink be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service You acknowledge that GlobyLink does not pre-screen or approve Content, but that GlobyLink will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
B. You shall be solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with Content posted on, transmitted through, or linked from the Service by you, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GlobyLink to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these Terms. For clarity, you retain all of your ownership rights in your Content. However, by submitting the Content to GlobyLink, you hereby grant GlobyLink a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the GlobyLink website and GlobyLink 's (and its successors') business, including without limitation for promoting and redistributing part or all of the GlobyLink website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GlobyLink website a non-exclusive license to access your Content through the website. The foregoing license granted by you terminates once you remove or delete Content from the GlobyLink website.
C. GlobyLink does not endorse any Content or any opinion, comment, recommendation, or advice expressed therein, and GlobyLink expressly disclaims any and all liability in connection with user Content. GlobyLink does not permit copyright infringing activities and infringement of intellectual property rights on its website, and GlobyLink will remove all Content if properly notified that such Content infringes on another's intellectual property rights. GlobyLink reserves the right to remove Content without prior notice. GlobyLink will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. GlobyLink reserves the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GlobyLink may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
USING GLOBYLINK SERVICES
As a condition of your use of the Service you agree that you will not post, comment, email, or otherwise make available any Content;
- That Violate any Laws;
- That is unlawful, threatening, harmful, harassing, abusive, defamatory, libellous, invasive of another's privacy, or is harmful to anyone, including minors in any way;
- That is pornographic or depicts a human being engaging in any sexual activity;
- That degrades, harasses, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, national origin, sexual orientation, race, ethnicity, age, or disability;
- That includes personal or identifying information about another person without that person's explicit consent;
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That includes links to commercial services or web sites, except as specifically allowed by GlobyLink;
- That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
- That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- That impersonates any person or entity, including, but not limited to, a GlobyLink employee, or falsely states or otherwise misrepresents your connection with a person or entity;
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
- That constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the GlobyLink sites which are not designated for such purposes; or (2) emailed to GlobyLink users who have requested not to be contacted about other services, products or commercial interests.
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted;
- Stalk or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by GlobyLink;
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Post the same item or service in more than one category , or in more than one metropolitan area;
- Attempt to gain unauthorized access to GlobyLink’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the GlobyLink web site; or
- Use any form of automated device or computer program that enables the submission of postings on GlobyLink without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
3. USER SUBMISSIONS
You understand that when using the GlobyLink website, you will be exposed to Content from a variety of sources, and that GlobyLink is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GlobyLink with respect thereto.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The GlobyLink site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GlobyLink, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that GlobyLink shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GlobyLink is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GlobyLink, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GlobyLink administration for notice of claims of copyright or other intellectual property infringement at: email@example.com
Please provide our administration with the following Notice:
- a) Identify the material on the GlobyLink site that you claim is infringing, with enough detail so that we may locate it on the web site;
- b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- d) Your address, telephone number, and email address; and
- e) Your physical or electronic signature.
6. PRIVACY AND INFORMATION DISCLOSURE
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to GlobyLink email addresses or through GlobyLink computer systems, which is expressly prohibited by these Terms, is prohibited. Any unauthorized use of GlobyLink computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. LIMITATIONS OF SERVICE
You acknowledge that GlobyLink may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that GlobyLink has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that GlobyLink reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GlobyLink shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that GlobyLink, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if GlobyLink believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that GlobyLink shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
9. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although GlobyLink does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to GlobyLink an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. We need these rights in order to host and display your content
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE GLOBYLINK SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE GLOBYLINK SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBYLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GLOBYLINK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,COMMENTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GLOBYLINK WEBSITE. GLOBYLINK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GLOBYLINK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GLOBYLINK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL GLOBYLINK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GLOBYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GLOBYLINK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GLOBYLINK SITE OR THE SERVICE, FROM INABILITY TO USE THE GLOBYLINK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GLOBYLINK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GLOBYLINK SITE OR THE SERVICE OR ANY LINKS ON THE GLOBYLINK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GLOBYLINK SITE OR THE SERVICE OR ANY LINKS ON THE GLOBYLINK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You hereby agree, at your expense, to indemnify and hold GlobyLink, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. GENERAL INFORMATION
These Terms and the other policies posted on GlobyLink constitute the complete and exclusive understanding and agreement between you and GlobyLink and govern your use of the Service superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
The Terms and the relationship between you and GlobyLink shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You and GlobyLink agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa. The failure of GlobyLink to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the GlobyLink website is not intended for children under 13. If you are under 13 years of age, then please do not use the GlobyLink website-there are lots of other web sites for you. Talk to your parents about what sites are appropriate for you
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review, or by using our contact form.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for GlobyLink to pursue legal action to enforce these Terms, you will be liable to pay GlobyLink the following amounts as liquidated damages, which you accept as reasonable estimates of GlobyLink’s damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that GlobyLink in its sole discretion may disclose identifying information about you to the victim, and that should GlobyLink bring a claim against you in court, that you will pay GlobyLink three thousand rand (R3,000) for each such message.
b. If GlobyLink establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay GlobyLink three hundred rand (R300) for each message posted in excess of such limits or for each day on which you access GlobyLink in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to GlobyLink email addresses or through GlobyLink computer systems, you agree to pay GlobyLink one hundred rand (R.100) for each such email.
Otherwise, you agree to pay GlobyLink actual damages, to the extent such actual damages can be reasonably calculated.