Soweto Heritage Trust
Legal Terms and Conditions
SOWETO HERITAGE TRUST: www.mandelahouse.com
The Soweto Heritage Trust (the “SHT”) is pleased to provide this website, both produced and/or compiled by the 8115 Mandela House to provide the public with information regarding the work of the SHT. The following describes the terms (the “Terms”) that govern your use of the SHT Site, and the services and goods provided through the SHT Site. Your use of the SHT Site constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the SHT Site. The term “materials” includes all or any information, artwork, text, video, audio, and animation or image files. 1. Use of the SHT Site (a) Content The information and materials contained at the SHT Site, including the text, images, arrangement, and general design (collectively, the “Content”) are owned or licensed by the SHT. You are authorized to view or download the Content solely for your personal, educational, non‐commercial use provided you retain all proprietary notices contained in the Content. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorization of the SHT, or the copyright / trademark owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted. (b) Prohibited Use You may not use the SHT Site in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the SHT Site. Specifically, the SHT site is both owned and operated from the Republic of South Africa. As a result, the laws of the Republic of South Africa govern these terms and conditions and you consent to the jurisdiction of the Witwatersrand High Court in the event of unlawful use or dispute. It is solely your responsibility to determine whether your use of the SHT Site is lawful. You may not use the SHT Site in any manner which could damage, disable, overburden or impair the SHT Site or interfere with any other party’s use and enjoyment of the SHT Site. © Soweto Heritage Trust Page 2 (c) Modification The SHT reserves the right to change or modify the terms, conditions, and notices under which you may use the SHT Site. The SHT will post all changes or modifications to these Terms on the SHT Site. Each use of the SHT Site will constitute your acceptance of the Terms posted on the SHT Site at that time. 2. Privacy The SHT is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you. 3. Disclaimer The SHT site and the Content are provided on an ‘as is, where is’ basis. The SHT disclaims all conditions, terms, representations and warranties, express or implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, quality, and fitness for a particular purpose, title and non‐infringement, with respect to any of the Content. The SHT does not warrant that the SHT site and the Content are free from errors or other program limitations or that the SHT site and Content will be accessible and perform in accordance with your expectations. This disclaimer shall apply to all damages or injuries incurred from, or related to your use of the SHT site including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or communication line failure. Except as otherwise specifically provided herein, the SHT further does not warrant, guarantee, or make any representations (I) regarding the goods or services provided through the SHT site (the ‘products’), (II) regarding the use of the products, (III) that the products will perform in accordance with your expectations, or (IV) that any defects in the products will be corrected. © Soweto Heritage Trust Page 3 4. Limitation of Liability The express warranties in these terms are in lieu of all other warranties, conditions, terms, representations and obligations of the parties to these terms. The SHT will not be liable to you or any other person for any damages (direct, indirect, general, special, consequential, or otherwise), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data or other loss, arising directly or indirectly out of or in connection with the provision, use or failure of the SHT site, and/or the content, whether negligent or otherwise, and which would otherwise give rise to a cause of action in contract, delict, or any other doctrine of law. 5. Indemnity You agree to indemnify, defend and hold harmless the SHT and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the “Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the SHT Site by you or your breach of this agreement. You will assist and co‐operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand. 6. Links Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by the SHT of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between the SHT and the Linked Sites. The SHT is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites. 7. Copyright © Soweto Heritage Trust Page 4 (a) General copyright The SHT website comprises and contains copyrighted works. Copyright in such works remains with the Soweto Heritage Trust and other copyright owners. The works are protected by copyright law, and the regulations thereunder, and by similar laws in other countries. Information on this website has been posted with the intent that it be readily available for private enjoyment or study only. Downloaded material must not be modified, must retain any associated copyright or other proprietary notices, and must acknowledge the source of the material. The source citations should include the URL http://www.mandelahouse.com Users must adhere to any additional terms and restrictions that may appear on individual pages of the website. All other uses are prohibited without the express written authorization of the SHT or the copyright owner, including: •
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reproduction of any kind in any medium; redistribution in any manner for commercial use, including commercial publication, or for personal gain; storage in any medium including extraction into any other database, computer program or website; rental, leasing, or lending; and extraction, manipulation or alteration in any respect. Anyone wishing to use the materials from this website for these or other purposes must obtain prior written approval from the SHT. Permission for such use is granted on a case‐by‐case basis and at the sole discretion of the SHT. For information on and permission to use SHT website images, including licensing requests, and other SHT media such as film or video, please contact us. (b) Third‐Party Materials The SHT has taken all reasonable efforts to ensure that materials, for which copyright belongs to others, are reproduced on the SHT’s website with the full consent of the copyright owners. The SHT does not warrant that the use of materials displayed in the website will not infringe the rights of third parties. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the third party. 8. Miscellaneous © Soweto Heritage Trust Page 5 (a) Survival The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms. (b) All Marks The Soweto Heritage Trust and the SHT logo (collectively “All Marks”) appearing on the SHT Site are registered trademarks, trademarks or service marks of the Soweto Heritage Trust. The use of the Marks is strictly prohibited without the prior written consent from the SHT. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Nothing appearing on the SHT Site or elsewhere will be construed as granting, by implication, or otherwise, any license or right to use any Marks displayed on the SHT Site. (c) Severability If any provision of these Terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. (d) Entire Terms Unless specifically provided herein, these Terms constitute the entire agreement between you and the SHT with respect to your use of the SHT Site. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of the SHT Site except as specifically set forth herein. © Soweto Heritage Trust © Soweto Heritage Trust Page 6