The following rules govern the use by you of the Olivia Mungal web site. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Olivia Mungal web site (collectively, “Information”). By signing on and using the Olivia Mungal web site, you specifically agree to abide by these rules and any modifications therto.
1. Personal Uses Permitted
In connection with the use of the Olivia Mungal web site, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Information available on the Olivia Mungal web site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
2. User’s Obligation to Abide By Applicable Law
The Olivia Mungal web site is an online information exchange service for use by the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
3. Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel may, in the course of their regular duties, have access to communications for technical or operational purposes, and may also disclose any communications to the extent permitted or required by law.
4. Prohibition Against Rogue Programming
You shall not post, transmit or make available in any way through the Olivia Mungal web site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). Any downloading of software or other materials or any other use of the Information on the Olivia Mungal web site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
5. Disclaimer of Warranties
The Olivia Mungal web site is provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. Olivia Mungal does not warrant that any information is complete or accurate, that the Olivia Mungal web site will be uninterrupted or error free or that any information is free of Rogue Programming.
6. Limitation of Damages
Under no circumstances, including negligence, shall Olivia Mungal be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the Olivia Mungal web site, including without limitation use of or reliance on information available on the Olivia Mungal web site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
7. Release and Indemnity
You hereby release and waive any and all claims and/or liability against Olivia Mungal arising from or in connection with your use of the Olivia Mungal web site. You also agree to defend, indemnify and hold harmless, Olivia Mungal from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Olivia Mungal web site or failure to abide by applicable law.
These rules may be modified from time to time and such modifications will be binding on you when placed online.
The words and phrases in the Glossary and, where appropriate, elsewhere in these Use Terms bear the meanings assigned to them and related expressions bear corresponding meanings.
“3rd Party” means a person other than OliviaMungal.com and a Customer;
“Associates” means a Party’s officers, servants, agents or contractors or other persons in respect of whose actions that Party may be held to be vicariously liable;
“the Constitution” means Constitution of the United States of America
“Content” means any material capable of and in which copyright protection subsists (such as data files, written text, ebooks, computer software, music, audio files or other sounds, photographs, videos or other images) including, but not limited to, what a Customer may have access to as part of, or through the Customer’s Service use;
“Content License” means a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to use our Content either on or through the Service through a generally available web browser, mobile device or application solely for the purpose of enabling users to use the Service, in the manner permitted by these Use Terms and does not extend to scraping, spidering, crawling or other technology or software used to access data without our express written consent;
“Customer” means the person contracting with us to use OliviaMungal.com subject to these Use Terms and is either –
- you, personally, if you are contracting with us in your personal capacity; or
- a legal entity such as a company or close corporation you represent, in which case you –
- represent to us that you are authorized by that legal entity to enter into this contract on that legal entity’s behalf; and
- agree that when we refer to “you” in these Use Terms, we are referring to the legal entity you represent with you as its authorized representative;
“CPA” means the Consumer Protection Act No. 68 of 2008, as amended from time to time;
“Data Protection Policy” means our data protection policy framework located at http://www.oliviamungal.com/privacy-policy/
“ECTA” means the Electronic Communications and Transactions Act No. 25 of 2002, as amended from time to time;
“Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or material capable of copyright protection and in which copyright subsists (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property;
“Intellectual Property Rights” means legal or moral rights in Intellectual Property;
“Interruption Event” means strike, lock-out, fire, explosion, floods, riot, war, accident, act of nature, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of the Party concerned;
“Interrupted Party” means a Party prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Use Terms by reason of an Interruption Event;
“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
“Parties” means OliviaMungal.com and the Customer;
“personal information” means the personal information as defined in the Promotion of Access to Information Act, 2 of 2000;
“Products” means books, ebooks, or merchandise which are made available through the Website and which are described in the Website;
“Use Terms” means these terms and conditions, as amended from time to time;
“use” bears its ordinary meaning and when used in the context of –
- the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website;
- Products or Content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the Products;
“user” means a person who is not a Customer and who uses OliviaMungal.com or the Website;
“VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991;
“Website” means the OliviaMungal.com website or such other websites as may be associated with and controlled by OliviaMungal.com from time to time;
“OliviaMungal.com”, “Olivia Mungal web site” “us”, “we” and “our” means the Content, Products and Support Service, either collectively or in any combination.