Terms of Service

ACCEPTANCE OF TERMS

GRAPHIX provides its service to you subject to your acceptance of the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

You can review the most current version of the TOS at any time at the Terms of Service link maintained at a link on the home page of http://www.graphixmag.co.za

In addition, when using any Service which is owned, operated or provided by GRAPHIX, you and GRAPHIX shall be subject to any posted guidelines or rules applicable to such Service, which may be posted from time to time.

All such guidelines or rules (including but not limited to our Spam and Privacy Policies) are hereby incorporated by reference into the TOS.

DESCRIPTION OF SERVICE

GRAPHIX provides users with access to a rich collection of resources, including access to various publications and other content sources, communications tools, forums, shopping services and search services (the "Service").

You understand and agree that the Service may include advertisements and that these advertisements are necessary for GRAPHIX to provide the Service.

You also understand and agree that the Service may include certain communications from GRAPHIX, such as service announcements, administrative messages and newsletters, and that these communications are considered part of GRAPHIX membership and you will not be able to opt out of receiving them, though you may have certain options regarding the nature and frequency of such communications.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GRAPHIX publications and services, shall be subject to the TOS.

While GRAPHIX takes all reasonable measures to ensure the Service is as accurate and reliable as possible, you understand and agree that the Service is provided "AS IS" and that GRAPHIX assumes no responsibility for the accuracy, completeness or currency of any information comprising the Service as well as the timeliness, deletion, misdelivery or failure to store any content, user communications or personalisation settings.

You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GRAPHIX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GRAPHIX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

PRIVACY POLICY AND ANTI-SPAM POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy available at a link on the home page of http://www.graphixmag.co.za

You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Republic of South Africa and/or other countries for storage, processing and use by GRAPHIX and its affiliates.

In addiiton, use of the GRAPHIX service is subject to our Anti-Spam policy. For more information, see our full anti-spam policy available at a link on the home page of http://www.graphixmag.co.za

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by GRAPHIX or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Much of the content made available by way of the Service (other than user created content) is provided by third parties in general and Infixion Media and its affiliated and subsidiary companies in particular. Accordingly, you further acknowledge and agree that content posted on the Service (other than user created content) is made available subject to additional terms and conditions as indicated by the content provider. In the case of content provided by Infixion Media and its affiliated and subsidiary companies, these terms and conditions are posted on www.infixion.co.za while additional terms and conditions applicable to other content providers will be indicated in or linked to the content concerned.

In the event of any discrepancy or conflict between these TOS and the additional terms and conditions imposed by a content provider, the terms and conditions of the content provider will take precedence.

MEMBER ACCOUNT, PASSWORD AND SECURITY

The Service's registration process requires the selection of a user name, and a valid email address. You will receive a password and activation link upon completion of the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GRAPHIX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GRAPHIX cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

MEMBER CONDUCT

You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory/libelous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or which constitutes "hate speech";
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, an GRAPHIX employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality or non-disclosure agreements or obligations);
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
  • upload, post, email, transmit or otherwise make available any material that contains software viruses, "trojans" or any other computer code, files or programs designed to access information from or interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, national or international law;
  • "stalk" or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You acknowledge that GRAPHIX may or may not pre-screen content, but that GRAPHIX and its agents shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via the Service. Without limiting this right, GRAPHIX and its agents shall have the right to remove any content that violates this TOS or is otherwise determined by GRAPHIX in its sole discretion to be objectionable. You agree that you must evaluate, and bear all risks associated with, the creation of or use of any content.

You acknowledge, consent and agree that GRAPHIX may access, preserve and disclose your account information and content if required to do so by law or if GRAPHIX believes in a good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal requirements or process in general and any lawful interception obligations in particular; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GRAPHIX, its partners, users and the public.

You understand that the technical processing and transmission of the Service, including content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GRAPHIX and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

GRAPHIX does not claim ownership of any content which you submit or make available for inclusion on the Service. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Service, you grant GRAPHIX the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you or GRAPHIX remove such content from the Service.

CONTRIBUTIONS TO GRAPHIX

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to GRAPHIX through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GRAPHIX is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GRAPHIX shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GRAPHIX may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of GRAPHIX without any obligation of GRAPHIX to you; and (f) you are not entitled to any compensation or reimbursement of any kind from GRAPHIX under any circumstances.

INDEMNITY

You agree to indemnify and hold GRAPHIX and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your GRAPHIX ID), use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

GRAPHIX reserves the right at any time and from time to time to modify or discontinue (temporarily or permanently) the Service or any part thereof, with or without notice. You agree that GRAPHIX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that GRAPHIX may, under certain circumstances and without prior notice, immediately terminate your GRAPHIX account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) failure by you to pay any fees owed by you in connection with the Services.

Termination of your GRAPHIX account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in GRAPHIX's sole discretion and that GRAPHIX shall not be liable to you or any third party for any termination of your account, or access to the Service.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GRAPHIX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GRAPHIX has no control over such sites and resources, you acknowledge and agree that GRAPHIX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GRAPHIX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

NOTICE

GRAPHIX may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, text message, SMS, postings on the Service, or other reasonable means now known or hereinafter developed.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and GRAPHIX and governs your use of the Service, superseding any prior agreements between you and GRAPHIX with respect to the Service.

Additional Terms and Conditions. Notwithstanding the above term, you acknowledge that you are subject to additional terms and conditions related to accessing content (other than user generated content).

Choice of Law and Forum. The TOS and the relationship between you and GRAPHIX shall be governed by the laws of the Republic of South Africa.


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