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These Terms of Use apply to all websites maintained, owned and operated by Rolling Stone SA.

RESTRICTIONS ON USE OF WEBSITE

 

This website (“Website”) is owned and operated by Rolling Stone South Africa (“Rolling Stone”). By accessing or using or registering on this Website, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, then do not use this Website. Rolling Stone has the right, in its discretion, to modify or update these Terms of Use at any time without notice. You agree to review this agreement periodically since any use of this Website following any such change will constitute your acceptance of the modifications.

USE OF MATERIALS

This Website, and the information, content and materials displayed on or used in connection with the Website, including all text, articles, editorials, advertising, images, photographs, audio, video, computer code and software (collectively, the “Content”), is the property of Rolling Stone and its affiliates and licensors. You may not use any of the Content except as provided in these Terms of Use. Any copying, rearrangement, redistribution, modification, use or publication by you of any Content or any part of the Website, except for the limited rights of use granted hereunder, is strictly prohibited.

You may use the Content online and for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. For example, you may not distribute any Content or make copies of it available to anyone else, whether or not for payment or other consideration. You may not create any derivative works from any Content or remove any trademark, copyright or other notice from any Content. You may not otherwise modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any Content or any portion of the Website without the prior written permission of Rolling Stone.

Requests to use the Content for any purpose other than as permitted in these Terms of Use should be directed to info@rollingstone.co.za.

The trademarks, logos and service marks displayed on this Website are owned by Rolling Stone and other third party providers. For example, Rolling Stone and rollingstone.co.za are trademarks owned by 3i Publishing . No trademarks on this Website may be used without the prior written permission of Rolling Stone.

RSS FEEDS

Rolling Stone provides the RSS feeds (when applicable) for personal use only, and they may not be modified in any way (including the stripping of ads), posted on any website, or redistributed in any manner. Rolling Stone reserves the right to object to your use of the RSS feeds and the right to require you to cease using the RSS feeds at any time. Rolling Stone further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you. Rolling Stone provides this content “as is” and Rolling Stone shall not be held liable for your use of the information or the feeds. By accessing the RSS feeds, you indicate that you understand and agree to these terms and conditions.

REGISTRATION AND ACCOUNT CREATION

Rolling Stone may require that you register and set up an account to use certain portions of the Website and/or the Website in its entirety. In order to do so, you may be provided or required to choose a password and username, and you may need to provide your name, your gender, your email, your date of birth, your zip code, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you to Website is accurate and current. You may not impersonate another person when registering and setting up an account on the Website. If your Registration Information changes, you must promptly update it on the Website using the appropriate mechanism, if available. If you have questions about your personal information, please see our Privacy Policy.

You will be solely responsible for maintaining the confidentiality of your Registration Information if you register and set up an account on the Website. You may not: (a) authorise others to use your Registration Information; or (b) sub-license, transfer, sell or assign your Registration Information to any third party without our written approval and any attempt to do so will be null and void and shall be considered a material breach of this Terms of Use. You are solely responsible for: (a) all use or activity on your account including without limitation use of the account by any person who, with or without your permission, uses your Registration Information or who has access to any computer on which your Registration Information is accessible. If you have a reason to believe that your account is no longer secure (i.e. in the event of loss, theft or unauthorised disclosure or use of Registration Information or credit card information stored on the Website), you must promptly change the applicable Registration Information on the Website using the appropriate mechanism, if available.

FEES AND PAYMENTS

Rolling Stone reserves the right at any time to charge fees for access to portions of the Website, or for certain services on the Website, or for the entire Website. However, you will not be charged for such charges and fees until Rolling Stone obtains your prior agreement to pay such charges and fees. You agree to pay the subscription fees and any other charges incurred in connection with your Registration Information for a service from the Website (including any applicable taxes), at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees and/or terms and conditions, which, if applicable, will be separately disclosed in such areas. Rolling Stone will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless Rolling Stone states in writing otherwise, all fees and charges are nonrefundable. Rolling Stone may change the fees and charges then in effect, or add new fees or charges, by sending you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, you must promptly change the applicable Registration Information on the Website using the appropriate mechanism, if available.

Your subscription will renew automatically, unless Rolling Stone terminates it for any reason, or you notify Rolling Stone by telephone, mail, or email (receipt of which must be confirmed by an email reply from Rolling Stone) of your decision to terminate your subscription. For annual and two-year subscriptions, Rolling Stone will send notice of the pending renewal of your subscription prior to the date your subscription renews, except as otherwise required by law. If you decide to cancel, you must cancel your subscription before it renews in order to avoid the billing of subscription fees for the renewal term to your credit card.

 

USER CONDUCT

Rolling Stone is not responsible for materials submitted or posted to any of its Websites, including materials posted on any message board, forum, letter to the editor, or chat room (“Online Forums”). Rolling Stone does not and cannot monitor all materials posted or transmitted by users. Rolling Stone and its designees have the right, but not the obligation, to monitor any areas involving user participation, and to edit, refuse to post or remove any content submitted by any user for any reason whatsoever in its discretion. If you voluntarily disclose personal information on any Online Forums, the information can be viewed and collected by anyone. Therefore, do not post any personal information that you do want to be accessed by the general public. Rolling Stone is not responsible for unsolicited communications that may arise from your posting information on Online Forums on this Website.

You agree that you shall not upload, transmit, distribute or otherwise publish through this Website any content that: a) is libelous or defamatory or tends to mislead or reflect unfairly on any person, business or entity; b) is obscene, indecent, pornographic, inflammatory, abusive or threatening or otherwise expresses bigotry or racism; c) violates, plagiarizes or infringes any rights of any entity or person, including copyrights, trademarks, patents, rights of publicity or privacy or any other proprietary rights; d) violates any law; e) constitutes or advocates illegal or violent activity; f) advertises or otherwise solicits funds or is a solicitation for goods or services; or g) contains a virus or other harmful or disruptive component. You agree that you will not in any way interfere with the delivery or display of advertisements appearing on the Website. You further agree that you: (a) will not disrupt, attack, overwhelm, modify, reverse engineer, decrypt or interfere with the Website or its associated software, hardware and/or servers in any way; (b) will not impede or interfere with others’ use of the Website; (c) other than connecting to Rolling Stone’s servers by http requests using a web browser, will not attempt to gain access to Rolling Stone’s servers by any means – including without limitation by using administrator passwords or by masquerading as an administrator while using the Website; and (d) will not impersonate any person or entity or misrepresent your identity.

Any violation of the foregoing may result in restrictions on your access to the Website and may be referred to law enforcement authorities. Rolling Stone reserves the right to disclose information as necessary to satisfy any law, regulation or government request. Rolling Stone and its affiliates shall have no liability for any action or inaction by them in respect of any conduct relating to materials submitted or posted by users.

LICENSE FOR SUBMITTED CONTENT

You agree that by posting content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with Rolling Stone, you are granting to Rolling Stone and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, unrestricted right and license to use, publish, display, modify, distribute, reproduce and create derivative works from these materials as Rolling Stone sees fit in any form, media or technology now known or later developed, and that you shall have no claims against Rolling Stone for using these materials. You also grant Rolling Stone and the affiliates the right to use your name and other information you provide in connection with their use of materials you submit to the Website. Rolling Stone is free to use any ideas, concepts or know-how contained in any user-submitted material for any purpose whatsoever, including the development of products and services using such information. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third party.

LINKS TO THIRD PARTY WEBSITES

This Website may contain links to websites that are run and maintained by third parties. Rolling Stone is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to Rolling Stone’s Websites and you should always review the terms and conditions of any website that you access through a link from this or any other Rolling Stone Website.

INDEMNITY

You agree to indemnify and hold harmless Rolling Stone and its affiliates, and each of their respective employees, officers, directors, owners, licensees, licensors and agents, from any and all claims, liabilities, costs and expenses, including attorneys’ fees and court costs, arising out of or related to any allegation regarding (a) any violation of these Terms of Use by you, (b) your use of this Website, including but not limited to the placement or transmission of any content or information on this Website, or (c) the use by Rolling Stone or any of its affiliates of any content or information you provide, as long as our use is not inconsistent with these Terms of Use.

LIMITATION OF LIABILITY

ROLLING STONE WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS WEBSITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS WEBSITE, WHICH ARE PROVIDED “AS IS.” ROLLING STONE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF USE. ROLLING STONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, LINKS OR OTHER ITEMS CONAINED HEREIN. ROLLING STONE DOES NOT MAKE ANY REPRESENTATIONS THAT THIS WEBSITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE SHALL BE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ROLLING STONE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ROLLING STONE IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.

This Website may contain views, opinions and statements of various third party individuals and organizations in Online Forums or elsewhere on the Website. Rolling Stone neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of this Website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or contents available through the Website and to seek appropriate advice of professionals, as appropriate. Rolling Stone has not reviewed and does not endorse the content of all sites linked to from this Website and your linking to any third party website is at your sole risk.

JURISDICTION

This agreement shall be governed by the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law. You and Rolling Stone each agree to submit to the exclusive jurisdiction of the courts of the Republic of South Africa. If any provision of this agreement shall be considered unlawful or void or is unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. This Agreement and any operating rules established by Rolling Stone for any community areas on the Website constitute the entire agreement between the parties and supersede all previous written or oral agreements between the parties with respect to the subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent breach or default.

 

COPYRIGHT CLAIMS

Rolling Stone prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Website in a manner that would constitute copyright infringement, please email us at info@rollingstone.co.za.

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