Terms of Service
These are the terms of service of MyZone.co.zaBy accessing in any way (including but not limited to viewing, downloading and joining the myzone.co.za website and its emails and newsletters) MyZone.co.za you conclude a legally binding agreement with MyZone.co.za and its owners.
You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to copy, improve, distribute, publish, remove, retain, add, and use, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. .
MyZone exercises no control over any content you or others submit while using MyZone. MyZone has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. .
You may contribute content on various forums, blogs and chat rooms where you can post your observations and comments on designated topics. MyZone cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service.
You represent and warrant that you (a) are not under the age of 18; (b) do not have more than one MyZone account at any given time; and (c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. .
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach, You are prohibited from selling, trading or otherwise transferring your MyZone account or any information therein to another party or charging anyone for access to any portion of MyZone, or any information therein. .
You indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to MyZone or (c) any activity in which you engage on or through MyZone. .
If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. .
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on MyZone webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss. We grant you no other rights, implied or otherwise. .
The purpose of MyZone is to provide a service to facilitate networking among Users throughout South Africa. .
For as long as MyZone continues to offer services, MyZone shall provide (and seek to update, improve and expand, in similar and different new ways) the MyZone platform and service with the purpose of providing all members with professional networking connectivity, through MyZone’s proprietary tools, rules and protocols which MyZone may update, improve, discontinue and change at any time, at MyZone’s sole discretion. .
We allow you to access MyZone as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue MyZone, partially or entirely, or to charge and modify prices for MyZone. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MyZone and all related items. .
MyZone reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, MyZone has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. .
MyZone may include or automatically produce links to third party web sites (“Third Party Sites”). MyZone is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. MyZone may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave MyZone and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from MyZone or relating to any applications you use or install from the site. .
MyZone enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by MyZone and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”). .
Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to MyZone’s Privacy Policy. .
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MyZone, the MyZone Affiliates, its Users and the public. .
MyZone may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services. .
You are solely responsible for your interactions with other members. MyZone reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if MyZone determines, in its sole discretion, that doing so is prudent. .
Do not rely on myzone, any information therein, or its continuation. We provide the platform for myzone and all information and services on an “as is” and “as available” basis. We do not provide any express warranties or representations. .
to the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. If you are dissatisfied or harmed by myzone or anything related to myzone, you may leave myzone and terminate the agreement and such termination shall be your sole and exclusive remedy. .
myzone is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through myzone to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology. .
myzone does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community ; therefore, myzone declines all liability for identity theft or any other misuse of your identity or information. .
myzone does not guarantee that the services which it provides will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates, or technical improvements. Myzone disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, myzone disclaims all liability for any misfunctioning, impossibility of access, or poor use conditions of the myzone site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to myzone. .
Limitation of Liability.
Neither MyZone corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“MyZone Affiliates”) shall be liable for (1) any and (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from MyZone even if MyZone is aware or has been advised of the possibility of such damages. .
You may terminate this Agreement, for any or no cause, at any time, with notice to MyZone which shall be effective upon MyZone processing such notice. MyZone may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by MyZone or the party paying for such services. Termination of your MyZone account includes disabling your access to MyZone (including any content you submitted or others submitted) and may also bar you from any future use of MyZone. .
In furtherance and without limiting the foregoing, MyZone has adopted a policy of terminating, in appropriate circumstances and at MyZone’s sole discretion, members who are deemed to be repeat infringers under the Copyright Act. MyZone may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. .
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement. .
Notices: We may notify you via postings on www.MyZone.co.za, and via email or any other communications means to contact information you provide to us. .
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. .
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.MyZone.co.za or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time. .
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any MyZone Affiliate shall be deemed legally binding on any MyZone Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of MyZone. .
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service. .
Beneficiaries: MyZone Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. .
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, MyZone Corporation for any third party that assumes our rights and obligations under this Agreement. .
Complaints.
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content. .
MyZone User DOs & DON’Ts.
As a condition to access MyZone, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts: .
DO
* comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
* provide accurate information to us and update it as necessary;
* review the Privacy Policy;
* review and comply with notices sent by MyZone concerning MyZone;
DON’T
* duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit MyZone (excluding content posted by you) except as permitted in the User Agreement;
* reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide MyZone, or any part thereof;
* include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature;
* utilize information, content or any data you view on and/or obtain from MyZone to provide any service that is competitive, in MyZone’s sole discretion, with MyZone;
* imply or state, directly or indirectly, that you are affiliated with or endorsed by MyZone unless you have entered in to a written agreement with MyZone Corporation (this includes representing yourself as an accredited MyZone trainer if you have not been certified by MyZone as such);
* adapt, modify or create derivative works based on MyZone or technology underlying the Services, or other Users’ content, in whole or part;
* rent, lease, loan, trade, sell/re-sell access to MyZone or any information therein, or the equivalent, in whole or part;
* deep-link to the Site for any purpose, (i.e. including a link to a MyZone web page other than MyZone’s home page) unless expressly authorized in writing by MyZone or for the purpose of promoting your profile or a Group on MyZone;
* access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
* use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
* use automated methods to add contacts, send messages or other permitted activities;
* access, via automated or manual means or processes, MyZone for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
* engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of MyZone’s website;
* attempt to or actually access MyZone by any means other than through the interface provided by MyZone;
* attempt to or actually override any security component included in or underlying MyZone;
* engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
* remove any copyright, trademark or other proprietary rights notices contained in or on MyZone, including those of both MyZone or any of its licensors;
* remove, cover or otherwise obscure any form of advertisement included as part of MyZone;
* use any information obtained from MyZone to harass, abuse or harm another person;
* collect, use or transfer any information, including but not limited to, personally identifiable information obtained from MyZone except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
* interfere with or disrupt MyZone, including but not limited to any servers or networks connected to MyZone, or disobey any requirements, procedures, policies or regulations of networks connected to the MyZone;
* upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
* use or attempt to use another's account without authorization from the Company, or create a false identity on MyZone;
* infringe or use MyZone’s brand, logos and/or trademarks, including, without limitation, using the word “MyZone” in any business name, email, or URL or including MyZone’s trademarks and logos on any website without authorization;
* upload, post, email, transmit or otherwise make available or initiate any content that:
o falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
o is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
o includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by MyZone;
o includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
o infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
o includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using MyZone invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using MyZone to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
o contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of MyZone or any User of MyZone;
o forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
o adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).
*.
Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices; .
Claims Regarding Copyright Infringement.
Each User grants MyZone a license to use the content supplied by each such User for the purposes of disclosure on the MyZone website. .
This license includes, inter alia, the right for MyZone to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of MyZone and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).Each User expressly authorizes MyZone to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of MyZone for any purpose other than for those purposes strictly related to use of the MyZone services for personal purposes. .
