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Terms & Conditions

By using and/or accessing the website (AdSpot.co.za and all of its sub pages and domains, content and features) you are agreeing to the terms & conditions and terms of use stated here.

All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use AdSpot.co.za. You affirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.

AdSpot.co.za is provided to you by Soda, Illovo, Johannesburg, South Africa, also referred to below as "AdSpot" or the "website". This policy is effective 1 January 2016

Disclaimer

Neither AdSpot, nor any of its employees, affiliates or associates take any responsibility for any/all loss, damages or harm that may occur as a result of using the website, including, but not limited to:

  • Loss of any/all personal data
  • Disclosure of any/ all personal data including but not limited to Facebook, Twitter or LinkedIn information/ login, personal information, personal details
  • Misuse of personal data/information by third/all parties/persons
  • Damage to your PC/ mobile/ computer or any other device used to access the website including but not limited to:
  • Viruses/malware
  • Damage to software
  • Damage to hardware
  • Data loss
  • Keyloggers
  • Any/all damages that may occur as a result of using/ accessing the website and/ or using/ accessing applications, or any/ all associated content/ software

While we take no responsibility for loss/disclosure of personal information as a result of using the website/software/applications, we do strive to ensure your personal data is kept safe.

AdSpot takes no responsibility for loss of personal data to third parties, including but not limited to:

  • Loss of data due to hacking attacks
  • Loss of data due to scraping
  • Loss of data due to data harvesting
  • Any other loss of personal data

We will never purposely give away/sell your personal data to any third parties, other than in the case of a violation of the law in which your personal details will be handed over to the relevant authorities.

Site Usage

By using the website you agree that you will not:

  • Violate any laws, international or within your region/ country/ district/ state
  • Distribute Adult/Illicit Material through our network
  • Violate the Terms & Conditions of the website
  • Violate any applicable posting rules
  • Post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional, indecent material or anything illegal in any form
  • Post any material that is harmful to, harms or could harm minors in any way
  • Be False or Misleading
  • Distribute or contain spam, chain letters, or pyramid schemes
  • Copy, modify, or distribute any other person's content without their consent
  • Use any robot spider, scraper or other automated means to access AdSpot and collect content for any purpose without our express written permission
  • Infringe any third-party right
  • Harvest/ Collect data/ personal information including email/ all data from AdSpot, by any means
  • Impose an unreasonable load on our infrastructure or interfere with the proper working of the website
  • Copy, modify, or distribute any of the data from the website
  • Distribute viruses, malware or any other technologies using our infrastructure/ network/ website, or any content/ data whatsoever
  • Bypass measures used to prevent or restrict access to the website
  • Violation of any Law will result in your personal details being handed over to the relevant authorities without any notice. Violation of any of the Terms & Conditions will result in either your account being closed/ suspended or your IP address being blocked at the discretion of the site without any prior notice.
Site Content

We take no responsibility for any/ all content on the site (associated media) that is created by third parties, including but not limited to malicious content, copyright infringements, hate speech or defamatory content. User generated content can be reported either by using the report button below each content item, or by contacting us directly. We will remove any infringing content but give no set timeline in which this will be done.

AdSpot contains content from us, you, and other users. AdSpot is protected by copyright laws and international treaties. Content displayed on or via AdSpot is protected as a collective work and/ or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from AdSpot without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in AdSpot. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of AdSpot (other than your own content).

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the AdSpot Terms of Use.

By using AdSpot, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by AdSpot on servers located in South Africa, the European Union, United States and other locations, and for such purposes, as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

We do not review users information and are not involved in the actual interaction between users. You agree not to hold us responsible for things other users post or do. As most of the content on AdSpot comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

AdSpot may promote, endorse and/or contain links to third party sites and/ or services and/ or goods. These sites, services and and/or goods are beyond the control of AdSpot. AdSpot is not involved in transactions between users and the operators of such third party sites. AdSpot does not accept responsibility for their content, services and/or products.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of AdSpot, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.

We take no responsibility for the information used on this site originating from any third party applications/ entities/ software/ persons/ parties, nor any responsibility for privacy/ misuse/ usage of the aforementioned data and/ or other applications/ entities/ software/ persons/ parties.

Resolution of disputes

If a dispute arises between you and AdSpot, we strongly encourage you to first contact us directly to seek a resolution by going to the AdSpot Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Mobile Devices Terms

If you're accessing AdSpot Services from a mobile device using a AdSpot Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

AdSpot grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your data service agreement). The Application may not contain the same functionality available on the www.adspot.co.za website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

AdSpot owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter AdSpot’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any AdSpot Application.

AdSpot Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an AdSpot Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Copyright

All content on this website is internationally protected by DMCA regulation. Duplication of content or services by any third party/ any party/ person/s will result in legal action to the full extend of the law.

All third party imagery and content is copyright to it's owners.