Terms & Conditions for Use of the Clayton Morar Media web site

Important Note to Users:

Please note that in terms of South African law (the Electronic Communications and Transactions Act 25 of 2002, these Terms and Conditions are binding and enforceable against all persons who access the Clayton Morar Media website (or any part thereof).

If you do not agree to these terms and conditions you are advised to leave this web site now, as further use will automatically bound you to these terms and conditions.

1.DEFINITIONS AND GENERAL

1.1 All references to the Clayton Morar Media web site or content shall include any part thereof;

1.2 All references to the words “you” and /or “User(s)” means any person who accesses the Clayton Morar Media web site and these words shall be used interchangeably;

1.3 the Clayton Morar Media website shall be herein referred to as any of the following: “Clayton Morar Media web site”, “this website”, “the website” and these terms shall be used interchangeably.

1.4 These terms and conditions constitute the entire agreement between Clayton Morar Media and the User. Any failure by Clayton Morar Media to exercise or enforce any right or provision or any indulgences granted to any User shall in no way constitute a waiver of any of the rights of Clayton Morar Media or a waiver of any such provision/s.

1.5 In the event that any term or condition detailed in this agreement is found to be unenforceable or invalid for any reason whatsoever, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable against the User.ÂÂ

1.6 Any and all permissions granted in terms of this agreement are provided on a non-transferable and non-exclusive basis and may be terminated or cancelled by Clayton Morar Media at any time without prior notice or having to provide any reasons therefore to the User.

2. BACKGROUND

2.1 By way of background, the Clayton Morar Media web site incorporates, amongst other things, a lifestyle, sports and entertainment blog, advertising space for third party advertisers, links and references to the writer’s personal product and venue choices and recommendations, business references, reviews (including music and movies – both public and private), political views and references, event notices and general information. The content of the web site covers international and local events and information and targets a South African audience as well as any persons or business who have an interest in celebrities, entertainment, TV, film, music and Hollywood.

3. DISCLAIMER

3.1 The Clayton Morar Media web site has not been compiled to meet any User’s individual and personal requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Clayton Morar Media, that the content and services available from and through the Clayton Morar Media web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.

3.2 Information, ideas and opinions expressed on the Clayton Morar Media web site should not be regarded as professional advice or the official opinion of Clayton Morar Media and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Clayton Morar Media web site.

3.3 Whilst Clayton Morar Media shall take all reasonable steps to ensure quality and accuracy of content available, some of the information on the web site is intended to be of a humorous and/or fictional nature and Clayton Morar Media therefore does not make any warranties or representation that content and services available from the Clayton Morar Media web site will in all cases be true, correct or free from any errors, nor does it make any warranties that the Clayton Morar Media website will be available at all times. Users acknowledge that the Clayton Morar Media web site may be unavailable due to updates or any other causes which are beyond the reasonable control of Clayton Morar Media.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All intellectual property on the Clayton Morar Media web site, including any copyright or any other intellectual property rights is the property of, or is licensed to Clayton Morar Media. As the owner (throughout the universe and in perpetuity)and/or the licensee (as the case may be) of the property, Clayton Morar Media has the rights, title and interest in all of the content, text, graphics, databases, designs, software, icons and hyperlinks on the  Clayton Morar Media web site. As such, Clayton Morar Media’s intellectual property is protected from infringement by domestic and international treaties and legislation.

4.2 “Clayton Morar Media” as well as the design of the logo (“the device”) and any pictures used in conjunction with the name are trade marks belonging to the owner of the web site and Users agree not to use the Clayton Morar Media trademark or the above tag line as a website name; or article title; and/or as an element of a domain name or sub domain name (notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law). Upon request to do so, a User shall immediately cease to use such website name, article title and/or domain / sub domain name and transfer it to the owners of the Clayton Morar Media website at the User’s own cost.

5. ALLOWED USE AND LICENSE

5.1 Clayton Morar Media licenses the User to view, copy, download and print the content of the Clayton Morar Media web site, on the strict conditions that:

5.1.1 such content is used for personal, educational and/or non-commercial purposes only (for the avoidance of any doubt, it is noted that copying any material from the website for use on a website blog (regardless of whether personal and/or commercial) and/or on any web site is not permitted and a User is required to obtain the prior written consent of the owner; and

5.1.2 any reproduction of content (in whole of part) including any quotations, excerpts or references to the web site includes the following copyright notice: “ © Clayton Morar Media. ALL RIGHTS RESERVED” and

5.1.3 acknowledges Clayton Morar Media as the source of the content (including the date upon which the content was sourced), and

5.1.4 acknowledges writers, artists, photographers and third parties in the same way as they have been acknowledged on the Clayton Morar Media web site.

5.2 Further to the above, text and/or graphics from the Clayton Morar Media web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Clayton Morar Media.

5.3 In amplification of the above, all quotations must be placed in inverted commas, the author must be acknowledged and a hyperlink to the quoted content must be provided as a footnote to such quote.

5.4 Users may only access and use the Clayton Morar Media web site for legal purposes.

5.5 The caching of the Clayton Morar Media web site shall only be allowed if:

5.5.1The purpose of the caching is to make the onward transmission of the content from the Clayton Morar Media web site more efficient;

5.5.2 The cached content is updated regularly at least every 10 (ten) hours;

5.5.3 The cached content is not modified in any manner whatsoever; and

5.5.4 The cached content is removed or updated when so required by Clayton Morar Media.

5.6 Apart from legitimate search engine operators, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Clayton Morar Media web site for any purposes, without the prior written consent of Clayton Morar Media.

6. BREACH AND HYPERLINKS

6.1 In the event of any person using the content from the Clayton Morar Media web site in breach of the provisions detailed in this document:

6.1.1 Clayton Morar Media reserves the right to claim damages from such person; and

6.1.2 Clayton Morar Media shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.

6.2 Hyperlinks to the Clayton Morar Media web site from any other source shall be directed at the home page of the Clayton Morar Media web site. Clayton Morar Media shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Clayton Morar Media web site, if such content was accessed through a hyperlink not directed at the home page of the Clayton Morar Media web site. Persons that wish to link to content beyond the home page of the Clayton Morar Media web site shall do so at their own risk and herein undertake to indemnify Clayton Morar Media against any loss, liability or damage that may result from content on the Clayton Morar Media web site, if such content was accessed through a hyperlink not directed at the home page of the web site.

6.3 Clayton Morar Media shall not in any way be liable for deep linking because deep linking bypasses these terms and conditions and Clayton Morar Media can therefore not be held responsible.

7. CHANGES TO THIS DOCUMENT AND TO THE CLAYTON MORAR MEDIA WEBSITE

Clayton Morar Media hereby reserves the right, in its sole discretion, to, at any time, and without prior notice, change these terms and conditions; change the content and/or services available from the Clayton Morar Media web site; discontinue any section or part of the Clayton Morar Media site or service(s) available from the web site; and/or change the software and hardware required to access and use the Clayton Morar Media web site.

 8 THIRD PARTY ADVERTISERS, HYPERLINKS TO THIRD PARTY SITES AND REFERENCES TO THIRD PARTY NEWS AND INFORMATION

As noted above, Clayton Morar Media permits the advertising on its web site from third party advertisers. Clayton Morar Media may also provide hyperlinks to web sites not controlled by it and such links do not in any way imply any agreement on, endorsement or support for the content of such sites. Because Clayton Morar Media does not control the editorial content of such third party advertising or sites, it shall not be liable, in any manner whatsoever, for the access to, inability to access or in respect of content available in advertisements and through these other sites.

9. SECURITY OF CONTENT AND INFORMATION

9.1 Clayton Morar Media shall take all reasonable steps to secure the content of the Clayton Morar Media website and any information provided by and collected from Users from unauthorised access and/or disclosure. Notwithstanding this however, Clayton Morar Media does not make any warranties or representations that content shall be entirely safe and secure and shall not be liable in this regard.

9.2                 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Clayton Morar Media web site or the server and computer network that support the Clayton Morar Media web site. Any person who delivers any damaging code to the Clayton Morar Media web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Clayton Morar Media harmless against any and all liability, damages and losses which Clayton Morar Media and its members and related parties (affiliates) may suffer as a result of such damaging code. This does not in any way limit Clayton Morar Media’s right to bring criminal action against such person/s.

10. LIMITATION OF LIABILITY

10.1 Clayton Morar Media (including its owners, employees, network operators, partners, affiliates, suppliers, third party advertisers and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from, including but not limited to: access to the Clayton Morar Media web site or access to web sites linked to the Clayton Morar Media web site, or from an inability to access the Clayton Morar Media web site or any of its linked sites, or from content and/or services available on the Clayton Morar Media web site.

10.2 All writing on the Clayton Morar Media web site which describes individuals or depicts certain public or private personalities is simply the opinion of Clayton Morar Media and does not purport to be factual report or finding on any such person. Furthermore, Clayton Morar Media intends to be humorous when describing certain persons and in no way intends to cause harm of any kind to any such person/s. Clayton Morar Media shall therefore not be liable for defamation, slander, personality infringement or related causes of action in South Africa.

10.3 Clayton Morar Media shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.ÂÂ

10.4 Clayton Morar Media also sources content from various third parties e.g. newspapers, news web sites, news and personal blogs and freelance writers and therefore does not editorially control the content provided by any such third parties. In this regard, Clayton Morar Media only serves as an electronic distributor of such third party content. Therefore Clayton Morar Media shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Clayton Morar Media web site not created by Clayton Morar Media itself.ÂÂ

11. APPLICABLE AND GOVERNING LAW

The Clayton Morar Media web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law as enforced by the South African courts governs the use or inability to use the Clayton Morar Media web site, its content, services as well as these terms and conditions.

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