HOTEL-YEOVILLE USER / MEMBER AGREEMENT
Terms and conditions of Service
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services, including platform applications, (the "Services") made available to you (the "Member" or the “User”) by Hotel-Yeoville,Inc. “the Company” through http://www.hotel-yeoville.co.za. You will be required to acknowledge that you have read and understood the contents of this Agreement before being allowed to access or participate in the Services.
Welcome to Hotel-Yeoville, a social utility that connects you with the people around you. The Hotel-Yeoville service and network (collectively, "the Service") is operated by Hotel-Yeoville, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www. Hotel-Yeoville.co.za or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you, the User (signify that you have read, understand and agree to be bound by this Agreement, regardless of your Hotel Yeoville membership status. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Agreement and the modified terms and conditions contained therein. If you do not agree to abide by these or any future Agreements, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.Should a Member object to any terms and/or conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with Hotel-Yeoville in any way, the Member's only recourse is to immediately: (1) discontinue use of Hotel-Yeoville; (2) terminate Hotel-Yeoville registration; and (3) notify Hotel-Yeoville of termination.
A) User Conduct
You, the Member and/or the User, understand that except for advertising programs offered by us on the Site (such as Hotel-Yeoville Flyers, Hotel-Yeoville Marketplace), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain defamatory or otherwise unlawful material.
In addition, you agree not to use the Service and/or the Site to:
- harvest or collect email addresses or other contact information of other Users from the Service and/or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service and/or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service and/or the Site;
- upload, post, transmit, share, store or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, (iii) are taken with you and your friends knowledge and where you and your friends have consented to you making the videos available to the Site and (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Identification, Permit and Residence numbers and/or credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material 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;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
The Services are intended solely for access and use by individuals that are thirteen (13) years of age or older. By accessing and using the services, you are certifying that you are at least thirteen (13) years old. Persons accessing the Site and/or using the Services confirm that they have obtained the appropriate parental/guardian consent to access the Site and use the Services By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
C) Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
This Agreement will remain in full force and effect while you access the Site, use the Services and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by the Company of your written or email notice of termination. The Company may terminate your access to the Website and may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to the Company. If the Company terminates your membership because you have breached the Agreement, you will not be entitled to a refund of any unused subscription fees.
E) Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, and/or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to the terms of this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
F) Content Posted on the Service
You understand and agree that the Company may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "User Content") that is uploaded, published or displayed (hereinafter, "Posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any User Content that in the sole judgment of Hotel-Yeoville violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By Posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, royalty-free license to distribute, publicly display and perform and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). The Company reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(e) promotes an illegal and/or unauthorized ("Pirated") copy of another person's copyright protected work (whether marked as such, or not), such as, but not limited to, providing Pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any form;
(h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
(k) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
(l) otherwise violates the terms of this Agreement or creates liability for Hotel-Yeoville.
You shall use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services, except as to the extent expressly allowed by Hotel-Yeoville in specific sections of the Services, such as the ’Classifieds’ or similar section of the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although the Company cannot monitor the conduct of its Members and/or Users of the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member and/or User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, the Company reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member and/or User may send to other Members and/or Users in any twenty-four (24) hour period.
G) Member Conduct
Use of the Services by you, as Member and/or User, is subject to all applicable local, provincial, national and international laws and regulations. The Company reserves the right, but does not assume any obligation, to monitor the Services for the purpose of enforcing this Agreement. Nor does the Company guarantee that any monitoring it does perform will be to the Member's and/or User’s satisfaction. Upon learning of any violation of this Agreement, the Company, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that the Company deems appropriate to enforce its rights and pursue all available remedies. Without limitation, the Company reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. Members and/or Users shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral.
2. Members and/or Users shall not list the email addresses of people unknown to them.
3. Members and/or Users shall not list as referrals any email addresses that are fake, fictitious, or made up.
4. Members and/or Users shall not list as referrals any email addresses which are owned by or belong to that member.
5. Members and/or Users shall not enter a postal mailing address which is fictitious, invalid, or any address other than an address where that user actually receives postal mail.
6. Members and/or Users shall not attempt to interfere with any other person's use of the Services.
7. Members and/or Users shall not misrepresent their identity or impersonate any person.
8. Members and/or Users shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Hotel-Yeoville website and/or the Company.
9. Members and/or Users shall not use any portion of the Hotel-Yeoville website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
10. Members and/or Users shall not use any portion of the Site and/or the Services for uploading, posting, emailing, transmitting or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
11. Members and/or Users shall not use any portion of the Site and/or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
12. Members and/or Users shall not not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
13. Members and/or Users shall not post content that displays pornographic or sexually explicit material of any kind.
14. Members and/or Users shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
15. Members and/or Users shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
16. Members and/or Users shall notattempt to gain unauthorized access to the Site’s database or other computer systems.
17. Members and/or Users shall notattempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used in connection with the Site and/or the Services.
18. Members and/or Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services and/or the Site.
19. Members and/or Users shall not use any portion of the Site and/or the Services for any unlawful purpose.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of the Company. The Company will remove the offending material and alert the member against repeating the offense. If another direct violation of this Agreement is committed, the Member’s account will be fully terminated. A Member is not necessarily offered a warning. An account may be terminated at any time, without notice, at the Company’s sole discretion.
H) Your Member Profile
Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
I) Copyright Policy
You may not post, distribute, or reproduce in any way any copyright protected material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
J) Third Party Links
K) Member Disputes
Your interactions with other Members and/or Users in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Member, User or the advertiser. You agree that Hotel-Yeoville will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Hotel-Yeoville is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, Members, by Hotel-Yeoville, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and/or the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The Site, the Service, and the Site content are provided “as-is” and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the Site and/or the Service. The Company does not represent or warrant that software, content or materials on the Site and/or the Service are accurate, complete, reliable, current or error-free or that the Site and/or Service or its servers are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry- recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the Service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and/or any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
M) Limitation on Liability
In no event will company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site and/or the Service, or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages.
To the extent permitted under applicable laws, you hereby release Hotel-Yeoville from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any User of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between Users of the Website and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website User or Member communications.
You agree to indemnify and hold Hotel-Yeoville, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site and/or the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Services and/or prohibit you from using or accessing the Service or the Site(or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18. When we are notified that a User has died, we will generally, but are not obligated to, keep the deceased User's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
This Agreement constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect and shall not affect the validity and enforceability of any remaining provisions.