Dutchman Seb.co.za USER RULES
These User Rules must always be read together with our Terms, which will always apply to your use of our Platforms and/or Services.
We expect all Content and activities on our Platforms and/or Services to comply with our Terms and specifically these User Rules.
We do not pre-screen or monitor user generated Content, but we reserve the right to remove any Content that does not comport with our User Rules.
You may be held legally liable for Content that you post or upload to our Platforms or Services or by using our Communication Facilities.
Unless the context clearly indicates the contrary, any term defined in our Terms when used herein, shall bear the same meaning as defined in our Terms.
In these User Rules
- Abusive Content means Content which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, hate speech, or which contains child, explicit or violent pornography, Content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such Content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
- Communication Facilities includes (without limitation) our email, instant messaging, data messages, SMS, chat rooms, discussion boards, albums, communities, classifieds and similar facilities or technologies used for the purposes of communicating in real-time or otherwise with other persons, whether they are Meida24 subscribers or not;
- Destructive Code means any computer code which – is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”);
– would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code);
– would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “back door” or “trap door” codes); and
– any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
- Misrepresentation includes (without limitation) – actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
– impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
– altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
– forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
- Spam or Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person’s consent;
- System Abuse means any conduct which does or may – damage, impair, overburden or disable any system of any person (including us) using our Platforms or Services;
– interfere with any other person’s use of the Internet or of our Platforms or Services;
– compromise or tamper with the security of our or any other person’s software, hardware, systems, networks, Platforms or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client”, nuking and nuking tools.
You agree that, when you use our Platforms or Services, you will not
- do anything which violates any of the Terms;
- Spam our Communication Facilities;
- make any Misrepresentation;
- post, upload or transmit any Abusive Content;
- replicate or store Abusive Content on any of our Platforms or Services;
- do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism (“flaming”), or wastefully and unnecessarily including previous communications in any postings;
- commit fraud;
- violate or infringe the intellectual property rights, contractual or fiduciary rights, privacy or publicity rights of another;
- perform System Abuse;
- propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
- repeatedly post gratuitous off-the-topic communications;
- read and act upon any communication which was not intended to be received by you or fail to delete such communication;
- gather personal or commercial information including (without limitation) e-mail addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;
- reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of – our Content or Services or any part thereof including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation; or
– the information or data contained in our Platforms or Services;
- use robots, spiders, or any other device, be it automated or manual, to monitor or copy any Content from our Platforms or Services;
- use any of our Platforms or Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, or add a dutchmanseb.co.za search box on your website. If you want to make commercial use of our Platforms or Services, you are required to enter into an agreement with us;
- repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;
- transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;
- access any of our Platforms or Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;
- perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
- fail to comply with applicable domestic, national and international laws, rules and regulations;
- disrupt the normal flow of dialogue or negatively affect the ability of other users to engage in real time exchanges;
- help any third party to do any of the above.
Blog and Chat Service Description
We provide certain Services that allow you to “chat” or contribute Content to blogs (weblogs or online journals) and chat rooms, discussion boards, communities and forums.
Blog and Chat Service Terms
You may not use the Blog and Chat Service for the purpose of advertising or marketing any business, product or service.
Any Content that you provide to a Blog and Chat Service enters an open, public forum, and is not confidential. You should therefore be careful when deciding to share any of your personal information in a Blog and Chat Service.
By disclosing personal information such as your name and email address in a Blog and Chat Service, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.
We do not generally monitor or moderate the Blog and Chat Service. We will accordingly not have knowledge of the Content on the Blog and Chat Service. We also do not condone, approve, endorse or support any Content on the Blog and Chat Service.
You accordingly use the Blog and Chat Service at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service.
We however reserve the right to monitor or moderate the Blog and Chat Service at any time should we deem this necessary. If we are of the view that you are in breach of any of our Terms, we may, without notice to you
- remove any Content; or
- stop or suspend your use of the Blog and Chat Service and/or any other Services.
We may provide Services that enables you to upload, store, view and share access to photo and video image files.
Unless you choose otherwise, the virtual photo or video album is not personal to you and may be readily accessible to, and searchable and distributable by other Internet users.
We also do not guarantee any intellectual property rights, which you may have in photos or albums.
We may impose restrictions from time to time on the amount of photo or video image files that you are entitled to store.
Should you become aware of a breach of our Terms, we require you to notify us of such breach by e-mailing us at firstname.lastname@example.org
The procedure allows for anonymous reporting.
We will require you to furnish us with a description of the alleged breach and the location thereof.
We will take such action as we may deem necessary and reasonable under the circumstances.
Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under the Terms or in law,
- remove Content which we may deem inappropriate or unsuitable for our Platforms or Services without notification to you;
- give you a warning;
- without notice, stop or suspend your subscription to or use of any or all Services; and/or
- comply with such obligations as may be imposed on us by law.