Terms Of Use

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT INTERNATIONAL HOUSE CAPE TOWN (“IH CAPE TOWN”) MAY MAKE AVAILABLE THROUGH THE SITE (“MATERIALS”) AND ANY SERVICES THAT IH CAPE TOWN MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “IH CAPE TOWN WEBSITES.”

Use of IH Websites


If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and IH Cape Town, IH Cape Town owns the IH Cape Town Websites. The IH Cape Town Websites are protected under international copyright laws. Any unauthorized use of the IH Cape Town Websites may violate copyright, trademark, and other laws.

Access


You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the IH Cape Town Websites. When you contact IH Cape Town through the IH Cape Town Website for the purpose of receiving products or services, IH Cape Town may collect certain personal information about you. Access to IH Cape Town Websites granted under other separately executed agreements by IH Cape Town and you shall supersede the terms contained in this Section.

Prohibited uses


You agree not to use the IH Cape Town Websites (including, without limitation, any Materials or Services you may obtain through your use of the IH Cape Town Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the IH Cape Town Websites or servers or networks connected to the IH Cape Town Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the IH Cape Town Websites; or (y) attempt to gain unauthorized access to any portion of the IH Cape Town Websites or any other computer systems, or networks connected to the IH Cape Town Websites, whether through hacking or any other means.

Disclaimers

 

THE IH CAPE TOWN WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IH CAPE TOWN WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT IH CAPE TOWN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. IH CAPE TOWN MAKES NO WARRANTY THAT THE IH CAPE TOWN WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE IH CAPE TOWN WEBSITES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE IH CAPE TOWN WEBSITES WILL BE CORRECTED. IH CAPE TOWN MAKES NO WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE IH CAPE TOWN WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE IH CAPE TOWN WEBSITES OR FROM IH CAPE TOWN, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE IH CAPE TOWN PARTIES”) SHALL CREATE ANY WARRANTY. IH CAPE TOWN DISCLAIMS ALL EQUITABLE INDEMNITIES.

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Other agreements; software, services or access


IH Cape Town may provide services or access to IH Cape Town Websites under the terms of a separate agreement between you and IH Cape Town (each, an “Other Agreement”). IH Cape Town’s obligations with respect to any service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

Modifications to IH Cape Town Websites


IH Cape TOwn reserves the right to modify, suspend, or discontinue the IH Cape Town Websites at any time without notice to you. For example, IH Cape Town may make changes to the Materials and/or Services, or prices described in them, at any time without notice. The Materials and Services may be out of date and IH Cape Town makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country.

User submissions


Certain areas of the IH Cape Town Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to IH Cape Town an irrevocable, perpetual, transferable, non-exclusive, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose that IH Cape Town deems appropriate in its sole discretion. IH Cape Town reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. IH Cape Town may, but is not obligated to, pre-screen User Submissions or monitor any area of the IH Cape Town Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. IH Cape Town is not required to host, display, or distribute any User Submissions on or through the IH Cape Town Websites and may remove at any time or refuse any User Submissions for any reason. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that IH Cape Town will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. IH Cape Town does not guarantee that you will have any recourse through IH Cape Town or any third party to edit or delete any User Submission you have submitted.By submitting any User Submission, you represent and warrant that:

 

 

 

(a) you are at least 13 years old;(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to IH Cape Town the rights in your User Submissions described herein;

(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to IH Cape Town described herein;

(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

(f) you voluntarily agree to waive all “moral rights” that you may have in your User Submission;

(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

(n)  your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

 

 

 

Links to third-party websites


Links on the IH Cape Town Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the IH Cape Town Websites. IH Cape Town is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Ih Cape Town does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the IH Cape Town Websites, you do this entirely at your own risk.

Linking to this Site


You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.Absent IH Cape Town’s written authorization otherwise, a website that links to this Site:

 

 

 

(a) may link to, but shall not replicate, any Materials (including any IH Cape Town logo);(b) shall not create a browser or border environment around any Materials;

(c) shall not imply that IH Cape Town endorses such website or any products, services, or content available through such website;

(d) shall not misrepresent its relationship with IH Cape Town;

(e) shall not present false or misleading information about IH Cape Town, its products, or its services;

(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and

(g) shall contain only content that is appropriate for all age groups.

 

 

 

Trademarks


IH Cape Town and any other product or service name or slogan or logo contained in the IH Cape Town Websites are trademarks of IH Cape Town and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IH Cape Town or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Ih Cape Town or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of IH Cape Town without IH Cape Town’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of IH Cape Town and may not be copied, imitated, or used (in whole or in part) without IH Cape Town’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by IH Cape Town.

Procedure for making claims of infringement


IH Cape Town respects the intellectual property rights of others. Accordingly, IH Cape Town has a policy of removing User Submissions that violate copyright law, suspending access to the IH Cape Town Websites (or any portion thereof) to any user who uses the IH Cape Town Websites in violation of copyright law.

 

International and export issues


IH Cape Town administers this Site from its offices in Cape Town, South Africa. If you choose to access the IH Cape Town Websites from outside South Africa, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other South African or foreign agencies and authorities in connection with your use of the IH Cape Town Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws.

Indemnification


You agree to indemnify, defend, and hold harmless the IH Cape Town Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of these Terms. IH Cape Town reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with IH Cape Town’s defense of such claim.

Electronic communications


When you visit the Site or send e-mails to IH Cape Town, you are communicating with IH Cape Town electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that IH Cape Town provides to you electronically satisfy any legal requirement that such communications be in writing.

General


These Terms, together with any additional terms to which you agree when using particular elements of the IH Cape Town Websites, constitute the entire and exclusive and final statement of the agreement between you and IH Cape Town with respect to the subject matter hereof. The IH Cape Town Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. All lawsuits arising from or relating to these Terms or your use of the IH Cape Town Websites shall be brought in the Republic of South Africa, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of IH Cape Town to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of IH Cape Town and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect. These Terms will be interpreted without application of any strict construction in favor of or against you or IH Cape Town. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IH Cape Town without restriction.

Modifications to these Terms


IH Cape Town may, in its sole and absolute discretion, change these Terms from time to time. IH Cape Town will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the IH Cape Town Websites. Continued use of the IH Cape Town Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the IH Cape Town Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Revised January 2009