Terms of Service
Effective: June 1, 2012
Last updated: June 8, 2012
These Terms of Service ("Terms") govern your access to and use of the services and website offered by Cyclediari (the "Service"). Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of the Service
You may use the Service only once you have accepted these Terms.
You must provide us with correct, accurate and up-to-date information, including your real name, when you create your account on Cyclediari.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, and we encourage you to use strong password security measures.
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
Cyclediari's Licenses to You
Subject to these Terms, Cyclediari gives you a perpetual, worldwide, non-exclusive, royalty-free license to re-post any of the Content on Cyclediari anywhere on the rest of the web, provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Cyclediari by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on Cyclediari.com on every page that contains Cyclediari content; (c) upon request, either by Cyclediari or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on Cyclediari.com; and (d) upon request, either by Cyclediari or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on Cyclediari.com
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Cyclediari, or any Cyclediari user of you or your use of the work, without the separate, express prior written permission of Cyclediari or the Cyclediari user.
Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Cyclediari be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Cyclediari will not be responsible or liable for any use of your Content by Cyclediari in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of N Cyclediari, its users and the public.
Your License to Cyclediari
By submitting, posting or displaying Content on or through the Service, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the Service to modify your Content, and for Cyclediari to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Cyclediari or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
By uploading content to the site, you warrant, represent and agree that you have the right to grant Cyclediari the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Cyclediari reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to Cyclediari" section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Cyclediari's computer systems, or the technical delivery systems of Cyclediari's providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Cyclediari (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Cyclediari (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Cyclediari except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Cyclediari and its licensors. The Service is protected by copyright, trademark, and other laws of South Africa and other countries, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Cyclediari on the Service are subject to change. In consideration for Cyclediari granting you access to and use of the Service, you agree that Cyclediari and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Cyclediari respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Cyclediari will also terminate a user's account if the user is determined to be a repeat infringer.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cyclediari of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Third Party Beneficiaries - legal contributions
All users of the Service who provide answers to legal questions are intended third-party beneficiaries ("legal contributors") of this section of the Terms of Service. The answers on this site are provided by legal contributors for informational purposes only. Cyclediari and legal contributors to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
In no event shall Cyclediari or legal contributors be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty or contract and whether or not Cyclediari or its legal contributors is advised of the possibility of such damages.
See Cyclediari's policy regarding questions and answers to law-related questions.
We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by legal contributors, nor do we endorse any opinions they express.
Answers to Legal Questions
Content posted by legal contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship.
Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.
Disclaimers & Indemnity
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "as is" and "as available" basis. Without limiting the foregoing, Cyclediari and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Cyclediari will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Cyclediari has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Cyclediari or through the Service, will create any warranty not expressly made herein.
To the maximum extent permitted by applicable law, Cyclediari and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract or any other legal theory, whether or not Cyclediari has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms and any action related thereto will be governed by the laws of South Africa without regard to or application of its conflict of the law provisions of your country of residence.
These Terms are the entire and exclusive agreement between Cyclediari and you regarding the Service (excluding any services for which you have a separate agreement with Cyclediari that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Cyclediari and you regarding the Service.
The failure of Cyclediari to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
The Service is operated and provided by BrandSocial Media (Pty) Ltd, Registration 2010/016039/07, Hurlingham Manor, Johannesburg, South Africa. If you have questions about these Terms, please contact us at feedback@Cyclediari.com