Terms And Conditions
1. CONTENT ON THE SERVICES
1.1 The terms and conditions set out below, including any additional document incorporated by reference ("terms and conditions"), apply to any person who uses, accesses, refers to, or views any part of this website.1.2 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by Diary Series of Deaf People or the party credited as the provider of the Content. The Diary Series of Deaf People also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. Non-commercial use does not include the use of Content without prior written consent from Diary Series of Deaf People in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached data sets containing Content to another person or entity.
1.3 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Services and Content pursuant to South African and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.
1.4 You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Diary Series of Deaf People Rights and Permissions Department, or the copyright holder identified in the copyright notice contained in the Content.
2. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
2.1 If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish to, the Services any content.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
Use respectful language. Like any community, the online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don't attack. In a community full of opinions and preferences, people always disagree. Diary Series of Deaf People encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
2.2 The Services may be used only in a noncommercial manner. You must not, without the express approval of Diary Series of Deaf People, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You may not use all or part of the Services to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.
2.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by Diary Series of Deaf People and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
2.4 You grant Diary Series of Deaf People a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for Diary Series of Deaf People, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or developed at any time, any Submission posted by you on or to the Services or any other website owned by Diary Series of Deaf People, including any Submission posted on or to the Services through a third party. Among other things, Diary Series of Deaf People licenses comments to third parties for academic, governmental, financial and corporate use. In these cases, steps are taken to remove personal information from such comments.
2.5 You are solely responsible for the content of your Submissions. However, while Diary Series of Deaf People does not and cannot review every Submission and is not responsible for the content of these messages, Diary Series of Deaf People reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
2.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3. PROHIBITED USE OF THE SERVICES
3.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content of the Services, or make any unauthorized use of the Services. Without Diary Series of Deaf People’s prior written consent, you shall not:
(1) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which Diary Series of Deaf People has revoked your access;
(2) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information from the Services using automated means;
(3) use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
(4) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
(5) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
(6) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(7) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
3.2 Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
4. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.
4.1 The Services contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). Diary Series of Deaf People does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.
5. EXCLUSION OF WARRANTIES AND REPRESENTATIONS
5.1 Any views or statements made or expressed on this website are not the views of the owner, employees and agents.
5.2 The content is subject to change without notice.
5.3 The owner does not accept any responsibility for any errors or omissions in the website content.
5.4 The content of this website cannot be copied, reproduced, or circulated without crediting Diary Series of Deaf People and the journalist within the byline.
6. VARIATION OF THESE TERMS AND CONDITIONS
6.1 Subject to the variations or amendments provided for in terms of clause 12.2 below, no other variation or amendment, in any form whatsoever, of these terms and conditions will be enforceable or binding on the owner unless the owner has agreed to such variation or amendment in writing.
6.2 The owner is entitled and reserves the right to vary or amend these terms and conditions from time to time and in its sole discretion ("amended terms and conditions"). These amended terms and conditions will be displayed on this website. On the first occasion on which you use this website after the amended terms and conditions have been displayed on this website, if you continue to use this website after having had a reasonable opportunity to review the amended terms and conditions, the amended terms and conditions will immediately be treated as being effective and binding on you.
6.3 It is your responsibility to access and familiarise yourself with any amended terms and conditions on each occasion that you make use of this website or the website content.
7. DISPUTES, CLAIMS AND LEGAL PROCEEDINGS
7.1 Any dispute declared by you and any claim that you may have against the owner arising out of or in connection with these terms and conditions or the use of the website or the website content, including after termination, cancellation or amendment of these terms and conditions, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement act and will take place in accordance with the commercial arbitration rules of the Arbitration Foundation of Southern Africa.
7.2 If the owner declares a dispute with you, or wishes to institute any claim or legal proceedings against you arising out of or in connection with these terms and conditions or your use of the website or of the website content, the owner reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these terms and conditions.
7.3 You agree that the owner is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these terms and conditions or your use of the website or of the website content, in any magistrate's court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
7.4 Neither you nor the owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
8. COSTS:
8.1 Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by the owner arising out of your use of this website or the website content, or a breach of these terms and conditions, will be borne by you.
9. ASSIGNMENT:
9.1 You may not cede, assign or transfer any of your rights and obligations in these terms and conditions without the prior written consent of the owner.
9.2 The owner is entitled to cede, assign or transfer any of the owner's rights and obligations in these terms and conditions without your prior written consent and without notice to you.
10. INTERPRETATION
10.1 The clause headings in these terms and conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these terms and conditions.
10.2 Any reference in these terms and conditions to the singular includes the plural and vice versa. Any reference in these terms and conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa.
10.3 Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
10.3.1 defined in these terms and conditions will bear the same meaning throughout these terms and conditions;
10.3.2 not defined in these terms and conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
10.4 A copy of the ECT Act can be viewed and downloaded at http://bit.ly/2b0ASTR. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
10.5 In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
10.6 References to "writing" or notices "in writing" by the owner in these terms and conditions only includes writing on paper signed in ink by an authorised representative of the owner and specifically excludes any writing that may be in electronic form.
10.7 No relaxation or indulgence that the owner may grant to you will be deemed to be a waiver of any of the owner's rights in these terms and conditions or in law.
10.8 In the event of any conflict between these terms and conditions and any additional terms and conditions, the additional terms and conditions will prevail.
10.9 The termination of the agreement created by these terms and conditions will be without prejudice to any other rights or remedies that you or the owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of you or the owner nor the coming into or continuance in force of any provision of these terms and conditions that is expressly or by implication intended to come into or continue in force on or after such termination.
The Diary Series of Deaf People follows similar media ethics as The New York Times Company (USA); Times Live (South Africa), thus the publication utilised both publications as their basis and sources for the Terms and Condition.