SpaceToSay Terms of Service

 

Welcome. The goal of SpaceToSay, including each web page of which it is composed (The Website), is to provide a social media platform where people can share and promote things that inspire them, including, but not limited to, ideas, places, businesses, services, products and experiences.

 

To ensure a safe, pleasant environment for all of our users, we have established these Terms of Service. It is important that you read and understand these Terms of Service. When you access this Website, you will be bound in law by the terms that appear in this Terms of Service.

These terms represent an agreement between you, the person or entity accessing or using this Website and Communication Works CC (Registration Number: 1995/023703/23 Trading as "Communication Works") as the rightful owner of SpaceToSay. Throughout this Website SpaceToSay refers to this agreement between you and Communication Works as the Terms of Service.

1. Website Terms of Service
SpaceToSay provides the information, products and services via this Website (the "Services") subject to these Terms of Service. By accessing the Website or using any of the Services you are deemed to have agreed to these Terms of Service. SpaceToSay may at any time modify these Terms of Service. Your continued access of the Website or use of the Services will be subject to the Terms of Service in force at the time of your use or access. Accordingly you agree to review these Terms of Service periodically, and your continued access of the Website or use of the Services shall be deemed to be your acceptance of the amended Terms of Service.

2. Disclaimer
SpaceToSay shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to:

  • Your use of or reliance on any information provided on or via the Website;
  • Any e-mails sent from the Website;
  • Services provided via this Website;
  • Any viruses that may infect your computer or other property on account of your access to or use of this Website;
  • Use of content, data or information made available via the Website;
  • Any failure, delay or unavailability of the Website or any Services offered via the site for any reason whatever;
  • The supply, or failure or delay in supplying any of the Services offered via the Website; and
  • The breach of any of these Terms of Service by you.

You indemnify SpaceToSay, its officers, members, employees, successors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.

3. Content of the Website
Whilst every effort is made to update the information provided on the Website on a regular basis, SpaceToSay makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. SpaceToSay reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only. SpaceToSay gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

4. Copyright and Intellectual Property Rights
SpaceToSay owns copyright and all intellectual property rights in all materials made available through this Website. Alternatively, SpaceToSay is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "Trademarks") that pertain to SpaceToSay displayed on this Website are registered and unregistered Trademarks of SpaceToSay, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of SpaceToSay. Other trademarks, names, logos and service marks used are the property of their respective owners. The methods of consumer inputs and feedback used on this site are methods that have been filed with the South African Patent Office, Patent Number 2009/04748.

5. External Links
External links may be provided for your convenience, but they are beyond the control of SpaceToSay and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website's terms and conditions of use.

6. Minors
If you are under 18 years of age, you may use the Services offered via this Website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use the Services offered via this Website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of the Services.

7. Verification
7.1 You acknowledge and agree that SpaceToSay shall be entitled to verify the identity of any person placing comments or enquiries via this Website, or participating in the Website in any other way.

7.2 You acknowledge and agree that SpaceToSay shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet that purports to emanate from you. You agree that all instructions, orders, consents, commitments and any other communications which purport to emanate from you and which are sent to SpaceToSay by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by SpaceToSay and you will be bound by such details with no liability of whatever nature attaching to SpaceToSay.

7.3 You waive any rights you may have or obtain against SpaceToSay arising directly or indirectly from any loss or damage of whatsoever nature that you may suffer as a result of the fact that SpaceToSay acts on your instructions or instructions purporting to emanate from you. You agree to and hereby indemnify SpaceToSay against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that SpaceToSay has acted on your instructions or instructions that purport to emanate from you.

8. System availability
SpaceToSay does not warrant, that the Website will be available each and every time you attempt to access it or use the Services. SpaceToSay reserves the right to suspend the operation of the Website.

9. Use of the Website
9.1 You agree to be responsible for your use of this Website (as well as for use of your account by others, including without limitation any person under the age of eighteen years).

9.2 Any conduct by you that in the sole discretion of SpaceToSay restricts or inhibits any other user from using or enjoying this Website will not be permitted. You agree to use this Website in accordance with these Terms of Service and only for lawful purposes. You are prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts.

10. Positive Policy
10.1 SpaceToSay maintains a policy whereby contributions to the Website are subject to moderation in order to ensure that they conform to what would generally be considered positive and constructive content. Contributions that, in the sole discretion of SpaceToSay, are considered hostile or destructive or otherwise objectionable may be rejected in order to conform to our Positive Policy. Edits may be performed to remove explicit and offensive language, but only if it can be done without altering the meaning of the content in any way. No contributions will be edited in order to change their meaning. SpaceToSay decisions in this regard shall be final and no further correspondence shall be entered into in order to explain editing or moderation decisions.

10.2 SpaceToSay maintains a Blog where members are free to upload content of a very broad nature. All such content is subject to moderation by SpaceToSay. Content that is of a destructive and negative nature will be removed from the Website. SpaceToSay has no intention to assist in identifying individuals or organizations that may have disappointed or otherwise have failed to meet the expectations of SpaceToSay members. SpaceToSay decisions regarding moderation shall be final and no further communication shall be entered into.

11. Submissions by you to SpaceToSay
SpaceToSay is not responsible for your submissions or responses to the Website. Any product concepts or ideas submitted by you to the Website will be considered as information that belongs in the public domain. SpaceToSay will not be responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas are used in promotions, marketing or products.

12. Your rights when you subscribe to a showcase on SpaceToSay
12.1 When you subscribe to a showcase on SpaceToSay, your right to continue using that showcase is at the sole discretion of SpaceToSay. As a showcase holder, you are required to pledge allegiance to the five SpaceToSay values. This pledge is considered a "social contract" between you and those you interact with, to serve as an indication of the type of behaviour others may expect from you. The pledge outlines the 5 values as follows:

1. Honesty (refuse to lie or deceive),

2. Integrity (respect the rules for right conduct and practice),

3. Self-belief (be responsible and accountable for what you do or sell),

4. Others first (respect their rights by not harming them),

5. Fairness (provide fair value to others and give back to the world)

If in the sole discretion of SpaceToSay you or any other employees of your business behave in a manner not consistent with the aforementioned values, then the subscription to your showcase may be suspended or terminated. You will be given fair notice of such intent and you may object to SpaceToSay in writing. SpaceToSay will endeavour to give you a fair hearing, but if in its sole discretion any of these 5 values have been transgressed then it will result in the termination of your subscription. SpaceToSay will not publish lists containing the names of participants whose showcases have been suspended or terminated.

12.2 When you subscribe to a showcase on SpaceToSay you are given the right to use certain of its logos, artwork and other proprietary materials. This right refers only to the usage of the materials, and does not imply a transfer of ownership in any way or form. The right to use the said materials extends only for as long as you are a bona-fide subscriber to SpaceToSay. Should your subscription terminate for whatever reason, the right to use the said materials also come to an end. Should you continue to use the said materials, SpaceToSay may seek legal redress and will also list your name on this Website, disclaiming that you are a subscribing member of SpaceToSay and stating that you are using the materials under false pretences.

12.3 When you subscribe to a showcase on SpaceToSay you are given the right to present yourself to others as a showcase holder and you may refer others to your showcase as a means to present your credentials to them. You have the right to display your membership on the Internet and on your own websites.

13. SpaceToSay Statement of Privacy
13.1 Your privacy is very important to SpaceToSay. Subject to paragraph 13.2, SpaceToSay shall not divulge to any third party any information obtained from your use of the Website or Services to the extent that such information is not already in the public domain, unless required to do so by law.

13.2 SpaceToSay reserves the right to release to third parties, in aggregate format, data pertaining your use of the Services and Website, provided that such data is released as statistical totals and does not contain information which specifically identifies a particular user of the Website. Without limiting the generality of the foregoing, SpaceToSay reserves this right in order to be able to release to potential third parties statistical information regarding the number of users of the Website, their age and gender profiles and their frequency of using the Services and Website.

13.3 You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of "cookies". "Cookies" are small text files a web site can use to recognize repeat users and facilitate the user's ongoing access to the Website. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that you might not be able to use all of SpaceToSay services via the Website if you disable the cookie feature.

14. Sole Record
These Terms of Service are the sole record of the agreement between you and SpaceToSay and contain all of the provisions governing the relationship between you and SpaceToSay, in relation to the access of the Website or the use and/or purchase of services or products via the Website.

15. General
15.1 Any waiver of rights by you or SpaceToSay in terms of these Terms of Service must be in writing to be effective. No failure or delay on the part of SpaceToSay in exercising any right or remedy under these Terms of Service will operate as a waiver of that right or remedy.

15.2 These Terms of Service do not constitute an agreement of employment, partnership, joint venture or agency between SpaceToSay and you. Neither you nor SpaceToSay has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other.

15.3 You may not cede or delegate any rights or obligations in terms of these Terms of Service without the prior written consent of SpaceToSay.

15.4 Any notice given by either you or SpaceToSay in terms of these Terms of Service must be in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to SpaceToSay must be sent to info [at] spacetosay [dot] com. You and SpaceToSay may change address or facsimile number for purposes of these Terms of Service by giving the other written notice of its new address or facsimile number.

15.5 If any provision of these Terms of Service is or at any time becomes invalid, illegal or unenforceable, then that provision shall be severable from the other provisions of these Terms of Service and the other provisions of these Terms of Service shall continue to be of full force and effect

15.6 Should any dispute or proceedings arise in connection with any matter related to these Terms of Service, any Services offered via this Website or the sale of Products, you and SpaceToSay consent to the jurisdiction of the Magistrate's Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate's Court Act, 1944, provided, nevertheless, that you and SpaceToSay shall have the right to institute proceedings in any other competent court.

16. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws.