Terms of Service
Your Acceptance
This website is operated by African Butterfly (the
“Company”). By using and/or visiting this website (“Website”),
you signify your accent to these terms and conditions (the
“Terms of Service”). If you do not agree to any of these terms,
then please do not use the Website.
Privacy
Please review our Privacy Notice, which also governs your visit,
to understand our practices. Our Privacy Notice can be viewed at
www.africanbutterfly.org.za/privacy.html.
Electronic Communications
When you visit the Website or send e-mails to us, you are
communicating with us electronically and you consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
The Website
These Terms of Service apply to all users of the Website,
including users who are also contributors of original book
manuscripts, (“Manuscripts”) and information, and other
materials related the Manuscripts on the Website and users who
download Manuscripts from the Website. The Website may contain
links to third party websites that are not owned or controlled
by the Company. The Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, the Company will not
and cannot censor or edit the content of any third-party site.
By using the Website, you expressly release the Company from any
and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you
leave the Website and to read the terms and conditions and
privacy policy of each other website that you visit.
Website Access
A. The Company hereby grants you permission to use the Website
as set forth in this Terms of Service, provided that: (i) your
use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without the Company's prior written
authorization; (iii) you will not alter, download (except page
caching) or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service. You may not frame or
utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page
layout, or form) of Company or the Website or its affiliates
without Company’s express written consent. You may not use any
meta tags or any other "hidden text" utilizing Companies or its
affiliates' name or trademarks without Company’s the express
written consent. Any unauthorized use terminates the permission
or license granted herein. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of
the Website so long as the link does not portray Company, its
affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may
not use any logo or other proprietary graphic or trademark
belonging to Company or its affiliates as part of the link
without Company’s express written permission.
B. In order to access some features of the Website, you will
have to create an account. You may never use another person’s
account without permission. When creating your account, you must
provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and
you must keep your account password secure. You must notify the
Company immediately of any breach of security or unauthorized
use of your account. Although the Company will not be liable for
your losses caused by any unauthorized use of your account, you
may be liable for the losses of the Company or others due to
such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, “robots,” “spiders,” “offline
readers,” etc., that accesses the Website in a manner that sends
more request messages to the Company servers in a given period
of time than a human can reasonably produce in the same period
by using a conventional on-line web browser. Notwithstanding the
foregoing, the Company grants the operators of public search
engines permission to use spiders to copy materials from the
site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives
of such materials. The Company reserves the right to revoke
these exceptions either generally or in specific cases. You
agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to
use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website.
Intellectual Property Rights
The content on the Website, including without limitation, the
Manuscripts, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like
(“Content”) and the trademarks, service marks and logos
contained therein (“Marks”), are owned by or licensed to the
Company, subject to copyright and other intellectual property
rights under United States and foreign laws and international
conventions. Except as otherwise provided for herein, Content on
the Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners. The Company
reserves all rights not expressly granted in and to the Website
and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly
permitted herein. If you download or print a copy of the Content
for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related
features of the Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the
Website or the Content therein.
Manuscripts
A. The Website permits you and other users to submit Manuscripts
and provides for the hosting and/or publishing of such
Manuscripts. By submitting a Manuscript, you hereby grant the
Company and its affiliates and sublicensees a worldwide,
perpetual, non-exclusive, royalty-free, sublicenseable and
transferable right to (and the right to grant others the right
to) use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, display, publicly and
digitally perform the Manuscript in any media formats and
through any media channels. For clarity, you retain all of your
ownership rights in your Manuscript. You grant Company and its
affiliates and sublicensees the right to use your name and the
Manuscript title in connection with the advertisement,
promotion, distribution and sale of the Manuscript and in
connection with the advertisement and promotion of Company and
its affiliates and sublicensees and the Website.
B. You shall be solely responsible for any Manuscript you submit
and the consequences of its posting or publishing. In connection
with any Manuscript you submit, you affirm, represent, and/or
warrant that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorize the
Company to use all patent, trademark, trade secret, copyright,
publicity, publishing or other proprietary rights in and to any
Manuscripts you submit to enable inclusion and use of the
Manuscripts in the manner contemplated by the Website and these
Terms of Service; and (ii) the Manuscript will not constitute
unfair competition, defamation, libel, or breach of contract.
C. In connection with any Manuscript you submit, you further
agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including publishing rights,
privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to post the
material and to grant the Company all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations
that could damage the Company or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate
another person. The Company does not endorse any Manuscript or
any opinion, recommendation, or advice expressed therein, and
the Company expressly disclaims any and all liability in
connection with all Manuscripts submitted. The Company does not
permit copyright infringing activities and infringement of
intellectual property rights on its Website, and the Company
will remove all Content and Manuscripts if properly notified
that such Content or Manuscript infringes on another's
intellectual property rights. The Company reserves the right to
remove Content and Manuscript without prior notice. The Company
will also terminate a user's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a
user who has been notified of infringing activity more than
twice and/or has had a Manuscript or Content removed from the
Website more than twice. The Company also reserves the right to
decide whether Content or a Manuscript is appropriate and
complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property
law, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. The Company may remove
such Manuscript or Content and/or terminate a user's access for
uploading such material in violation of these Terms of Service
at any time, without prior notice and at its sole discretion.
D. If you are a copyright owner or an agent thereof and believe
that any Manuscript or other Content infringes upon your
copyrights, please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
E. Upon downloading a Manuscript, you shall be granted a
limited, non-exclusive license to download, copy said Manuscript
to any memory device, including but not limited to hard drives,
thumb drives, etc, for your personal computers, book reader or
mobile devices, and you may not modify, adapt, translate, rent,
lease, loan, sublicense, assign, resell or otherwise distribute
in any way the Manuscript.
F. You understand that when using the Website, you will be
exposed to Manuscripts from a variety of sources, and that the
Company is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such
Manuscripts. You further understand and acknowledge that you may
be exposed to Manuscripts that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have or
may have against the Company with respect thereto, and agree to
indemnify and hold the Company, its owners/operators,
affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the
site.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS
AFFILIATES AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, THE CONTENT AND THE MANUSCRIPT, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY
ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALLTHE COMPANY, ITS AFFILIATES AND SUBLICENSEES,
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE WEBSITE CONTENT OR
MANUSCRIPT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE
COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY, ITS AFFILIATES
AND SUBLICENSEES SHALL NOT BE LIABLE FOR THE MANUSCRIPT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is controlled and offered by the Company from its
facilities in the South Africa. The Company makes no
representations that the Website is appropriate or available for
use in other locations. Those who access or use the Website from
other jurisdictions do so at their own volition and are
responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless the Company,
its affiliates, sublicensees and their officers, directors,
employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising
from: (i) your use of and access to the Website the Content and
any Manuscript; (ii) your violation of any term of these Terms
of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy
right; or (iv) any claim that any Manuscript submitted by you
caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of
the Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service. In any case, you
affirm that you are over the age of 13, as the Website is not
intended for children under 13.
Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by the Company without restriction.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Company’s
copyright agent the written information specified below.
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been
infringed upon;
A specific description of where the material that you claim is
infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law;
A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright
owner's behalf.
Company’s Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
Copyright Agent
African Butterfly.
e-mail:
admin@africanbutterfly.org.za
General
You agree that: (i) the Website shall be deemed solely based
in Gauteng; and (ii) the Website shall be deemed a passive
website that does not give rise to personal jurisdiction over
the Company, either specific or general, in jurisdictions other
than Gauteng. These Terms of Service shall be governed by the
internal substantive laws of the Province of Gauteng, without
respect to its conflict of laws principles. Any claim or dispute
between you and the Company that arises in whole or in part from
the Website shall be decided exclusively by a court of competent
jurisdiction located in Gauteng Province, Johannesburg or the
South African district Court of Johannesburg. These Terms of Service,
together with the Privacy Notice and any other legal notices
published by the Company on the Website, shall constitute the
entire agreement between you and the Company concerning the
Website. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such
term or any other term, and the Company's failure to assert any
right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. The Company
reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the Website
following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND THE
COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.