ACCEPTANCE OF TERMS THROUGH USE
The Tourism Tattler Service primarily consists of the www.tourismtattler.com Internet site and related services such as Email Newsletters.
Tourism Tattler may discontinue or alter any service level or aspect of the Service at any time, without notice, without liability and at Tourism Tattler’s sole discretion.
Tourism Tattler reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
RULES OF USER CONDUCT
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive services that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
1. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
2. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, the right of publicity, or other proprietary rights of any party;
4. constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the connection of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party; or
6. impersonates any person or entity, including any employee or representative of Tourism Tattler.
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.
Tourism Tattler generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, Tourism Tattler and its agents have the right at their sole discretion to remove any content that, in Tourism Tattler’s judgment, does not comply with this agreement or is otherwise harmful, objectionable, or inaccurate. Tourism Tattler is not responsible for any failure or delay in removing such content.
THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Tourism Tattler, and you acknowledge that Tourism Tattler is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Tourism Tattler or any association with its operators.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Tourism Tattler. Permission is granted only when certain limited criteria are met.
By posting or submitting content to this site, you:
1. grant Tourism Tattler and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Tourism Tattler will not infringe or violate the rights of any third party.
You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Tourism Tattler and provide the following information:
1. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
2. identification of the location where the original or an authoriSed copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
3. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
4. your name, address, telephone number, and email address.
5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
6. a statement by you that the above information is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TOURISM TATTLER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TOURISM TATTLER, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOURISM TATTLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TOURISM TATTLER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Tourism Tattler, you agree to defend, indemnify, and hold harmless Tourism Tattler and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. Tourism Tattler reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tourism Tattler in asserting any available defences.
Tourism Tattler makes no representation that materials on this site are appropriate or available for use in locations outside South Africa, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
PROMOTIONAL MAILER AND COMPETITION TERMS AND CONDITIONS
1. The promoter is, Client. The publisher is Tourism Tattler.
2. Employees of Tourism Tattler and Client or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
3. Rules are on www.tourismtattler.com.
4. Closing dates for entry will be posted on each competition page. After the prescribed date no further entries to the competition will be permitted.
5. No responsibility can be accepted for entries not received for whatever reason.
6. The promoter and publisher reserve the right to cancel or amend the competition and these terms and conditions without notice and for any reason. Any changes to the competition will be notified to entrants as soon as possible by Tourism Tattler.
7. The promoter and Tourism Tattler are not responsible for inaccurate prize details supplied to any entrant by any third party connected with a published competition.
8. No cash alternative to the prizes will be offered. The prizes are not transferable unless otherwise indicated. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
9. Winners will be chosen by Tourism Tattler. Tourism Tattler’ decision is final and binding.
10. The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, Tourism Tattler reserves the right to withdraw the prize from the winner and pick a replacement winner.
11. Winners will be notified at the end of each competition and the necessary arrangements will be made for the prize’s collection or delivery.
12. Tourism Tattler’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
13. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
14. The competition and these terms and conditions will be governed by South African law and any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.
15. The winner agrees to the use of his/her name and image in any publicity material on a zero-fee basis. Any personal data relating to the winner or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
16. The entrant accepts the storage of their information provided for later promotional use by the publisher in promotional mailers which will be sent out on behalf of Tourism Tattler’s clients. Under no circumstances will the entrant’s information be sold or passed on to any third parties.
17. Entry into any Tourism Tattler competition will be deemed as acceptance of these terms and conditions.
18. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Tourism Tattler and not to any other party. The information provided will be used in conjunction with Tourism Tattler’s promotional database and Privacy laws governing South Africa.