K53 South Africa
Terms of Service
This is an agreement between K53 South Africa Inc., a South African corporation (“K53 South Africa Inc."), the
Owner and operator of K53 South Africa (the “K53 South Africa Site”), the K53 South Africa software,
Through K53 South Africa and the K53 South Africa Site, the "K53 South Africa Service", or the
("Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU
ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND K53 SOUTH AFRICA'S
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
These Terms of Service apply to all users of the K53 South Africa Service. Information provided by our users through the K53 South Africa Service may contain links to third party websites that are not owned or controlled by K53 South Africa. K53 South Africa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, K53 South Africa will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that K53 South Africa shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide K53 South Africa with your Third party login account. You expressly acknowledge and agree that in order to provide the Service, K53 South Africa may periodically access your contact Third party account profile to get your profile picture. When providing your Third party account
, you must provide accurate and complete information. You hereby give your express consent to K53 South Africa to access your profile in order to provide and use the Service. We do not collect names, addresses or email addresses. You are solely responsible for the Third party share messages that you submit on your status in Third party using K53 South Africa Service. Although K53 South Africa will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of K53 South Africa or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation,"robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the
Service in a manner that sends more request messages to the K53 South Africa servers in a given period of time than a human can reasonably produce in the same period by using a
K53 South Africa application and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, K53 South Africa grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. K53 South Africa reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or
HTTPWatch in general, we do disallow any efforts to reverseengineer our system, our protocols, or explore outside the boundaries of the normal requests made by K53 South Africa clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
The design of the K53 South Africa Service along with K53 South Africa created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to
K53 South Africa, subject to copyright and other intellectual property rights under South Africa and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. K53 South Africa reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the
Service other than expressly permitted herein, including any use, copying, or distribution of
Status Submissions of third parties obtained through the Service for any commercial purposes.
A. The K53 South Africa Service allows K53 South Africa users to submit Share Status text, likes and other communications submitted by you. These Share Status Submissions may be hosted, shared, and/or published as part of the Third party Service. For clarity, Share Status Submissions may be globally viewed based on the third party terms and conditions. Currently, we have no method of providing different levels of visibility of your Share Status Submissions. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a
Share Status Submission to the Service. K53 South Africa does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Share Status Submissions and the consequences of posting or publishing them. Because K53 South Africa is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of K53 South Africa, and
K53 South Africa makes no guarantees as to the validity, accuracy or legal status of any Share Status. In connection with Share Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize
K53 South Africa to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Share Status Submissions to enable inclusion and use of the Share Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Share Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Share Status Submissions in the manner contemplated by the Service and these Terms of Service.
C. In connection with Share Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant K53 South Africa all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage K53 South Africa or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. K53 South Africa does not endorse any Share Status
Submission or any opinion, recommendation, or advice expressed therein, and K53 South Africa expressly disclaims any and all liability in connection with Share Status Submissions. K53 South Africa does not permit copyright infringing activities and infringement of intellectual property rights via its Service,
E. You understand that when using the K53 South Africa Service you will be exposed to Share Status
Submissions from a variety of sources, and that K53 South Africa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Share Status Submissions, and that such Share Status Submissions are not the responsibility of K53 South Africa. You further understand and acknowledge that you may be exposed to Share Status Submissions that are 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 K53 South Africa with respect thereto, and agree to indemnify and hold K53 South Africa, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the K53 South Africa Service.
F. K53 South Africa permits you to link to materials on the Service for personal purposes only.
K53 South Africa reserves the right to discontinue any aspect of the K53 South Africa Service at any time.
YOU AGREE THAT YOUR USE OF THE K53 South Africa SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, K53 South Africa, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. K53 South Africa
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SERVICE'S CONTENT 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 SERVICE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR 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 SERVICE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR
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 K53 South Africa SERVICE. K53 South Africa DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE K53 South Africa SERVICE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION
OR OTHER ADVERTISING, AND K53 South Africa WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY 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. AND AGAIN, USE THIS JUST FOR FUN.
IN NO EVENT SHALL K53 South Africa, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 SERVICE, (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 SERVERS, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE K53 South Africa CLIENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT K53 South Africa SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF
ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by K53 South Africa from its facilities in the South Africa. K53 South Africa makes no representations that the K53 South Africa Service is appropriate or available for use in other locations. Those who access or use the K53 South Africa Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless K53 South Africa, its parent corporation, officers,directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the K53 South Africa Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Share Status
Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the K53 South Africa Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
You affirm that you are either more than 16 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 of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the K53 South Africa Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the K53 South Africa Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by K53 South Africa without restriction.
You agree that: (i) the K53 South Africa Service shall be deemed solely based in Johannesburg; (ii) the
K53 South Africa Service shall be deemed a passive server that does not give rise to personal jurisdiction over K53 South Africa, either specific or general, in jurisdictions other than Johannesburg; and (iii) that you agree to subject to the jurisdiction of Johannesburg in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Johannesburg, without respect to its conflict of laws principles. Any claim or dispute between you and K53 South Africa that arises in whole or in part from the K53 South Africa Service shall be decided exclusively by a court of competent jurisdiction located in South Africa County,
http://k53southafrica.yolasite.com and any other legal notices published by K53 South Africa, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and K53 South Africa concerning the K53 South Africa Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and
K53 South Africa's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. K53 South Africa reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the K53 South Africa Service. Your continued use of the K53 South Africa Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND K53 South Africa AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE K53 South Africa SERVICE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Date Last Modified:
This Privacy Notice was last modified December 12th, 2014