“User” a person who uses and/or access computer Software and/or material via the Sparkle website;
“Sparkle” 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 Sparkle site via transmission by electronic mail or otherwise;
“Forums” Including but not limited to bulletin boards, chatrooms and other public areas found on the Sparkle site;
In 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 USE
Sparkle consists of content which is derived entirely or in part from content supplied by Sparkle 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 Sparkle 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 Sparkle 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.
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
SUBMISSIONS / BULLETIN BOARDS / FORUMS / BLOGS / USER GENERATED CONTENT
Any submissions, shall be deemed to be and remain the exclusive property of Sparkle. The various forms of content, which are found on the Sparkle site, shall be deemed to remain the exclusive property of Sparkle.
Sparkle has the right, but not the obligation to monitor and review submissions submitted by users. Sparkle shall not be responsible for any of the content of these messages.
Sparkle further reserves the right to delete, move or edit submissions that Sparkle, 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 USER
The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to Sparkle that;
The user agrees that all submission become the exclusive property of Sparkle. 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 Sparkle harmless against all claims for any damages whatsoever arising from the use of Sparkle.
DAMAGES, WARRANTY, INDEMNITY
The user expressly agrees that the use of Sparkle is at the users sole risk. Sparkle does not guarantee or warrant;
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 Sparkle indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use Sparkle. The user acknowledges that the provisions of this paragraph shall apply to all the contents of Sparkle.
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.
This agreement, the terms, conditions and operating rules for Sparkle, 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.
Sparkle 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.
Sparkle shall have the exclusive right to at any time change or discontinue any aspect or feature of Sparkle.
AGREEMENT TO AND TERMINATION OF AGREEMENT
The 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 Sparkle.
If the user does not accept all the terms and conditions in full, the user must exit the site immediately. Sparkle 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 Sparkle has the right to claim any indirect, direct, incidental, special or punitive damages caused to Sparkle from the user’s unauthorized access and/or use of Sparkle. The user further indemnifies Sparkle against any claims for damages of whatsoever nature caused to another party by the user’s unauthorized use and/or access of the sites.