TERMS & CONDITIONS
TopClubs.co.za is a consumer voting and rating service that allows Members to vote for and rate nightclubs and create unique personal profiles online. The service offered by TopClubs.co.za ("TopClubs.co.za " or "we") include the TopClubs.co.za website (the "TopClubs.co.za Website") and any other features, content, or applications offered from time to time by TopClubs.co.za in connection with the TopClubs.co.za website.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TopClubs.co.za service. By using the TopClubs.co.za service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TopClubs.co.za Website) or you are a "Member" (which means that you have registered with TopClubs.co.za). The term "User" refers to a Visitor or a Member. You are only authorized to use the TopClubs.co.za service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TopClubs.co.za Website and discontinue use of the TopClubs.co.za service immediately. If you wish to become a Member, communicate with other Members and make use of the TopClubs.co.za service, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes TopClubs.co.za's policy for acceptable use of the TopClubs.co.za Service and Content posted on the TopClubs.co.za Website, your rights, obligations and restrictions regarding your use of the TopClubs.co.za Service and TopClubs.co.za’s Privacy Policy. In order to participate in certain TopClubs.co.za Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the TopClubs.co.za Service in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: administrator@topclubs.co.za
TopClubs.co.za may modify this Agreement from time to time and such modification shall be effective upon posting by TopClubs.co.za on the TopClubs.co.za Website. You agree to be bound to any changes to this Agreement when you use the TopClubs.co.za service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose the information you post on TopClubs.co.za and that you provide to other Users very carefully. Your TopClubs.co.za profile may not include the following items: telephone numbers, street addresses, surnames and any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, if any information provided by other TopClubs.co.za Members (for instance, in their Profile) contains inaccurate, inappropriate, offensive or sexually explicit material, products or service, TopClubs.co.za assumes no responsibility or liability for this material. If you become aware of misuse of the TopClubs.co.za service by any person, please contact administrator@topclubs.co.za and report this person.
TopClubs.co.za reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend or terminate your access to all or any part of the TopClubs.co.za service at any time, for any or no reason, with or without prior notice, and without liability. TopClubs.co.za expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of TopClubs.co.za service if TopClubs.co.za determines, at its sole discretion, that you pose a threat to TopClubs.co.za and/or its Users.
1. Eligibility. Use of and Membership in the TopClubs.co.za service is void where prohibited. By using the TopClubs.co.za service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the TopClubs.co.za service does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the TopClubs.co.za service or are a Member. You may deactivate your Membership at any time, for any reason, by going to the “DEREGISTER” page or by contacting administrator@topclubs.co.za . TopClubs.co.za may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username or password of another Member at any time or to disclose your password to any third party. You agree to notify TopClubs.co.za immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The TopClubs.co.za service is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by TopClubs.co.za Illegal and/or unauthorized use of the TopClubs.co.za service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TopClubs.co.za Website is prohibited. Commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the TopClubs.co.za service.
6. Proprietary Rights in Content on TopClubs.co.za
6.1 TopClubs.co.za does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the TopClubs.co.za service. After posting your Content to the TopClubs.co.za service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the TopClubs.co.za service, you hereby grant to TopClubs.co.za a limited license to use, modify, publicly perform, publicly display, reproduce and distribute such Content solely on and through the TopClubs.co.za service.
Without this license, TopClubs.co.za would be unable to provide the TopClubs.co.za service. This license will terminate at the time you remove your Content from the TopClubs.co.za service. The license does not grant TopClubs.co.za the right to sell your Content, nor does the license grant TopClubs.co.za the right to distribute your Content outside of the TopClubs.co.za service.
6.2 You represent and warrant that: (i) you own the Content posted by you on or through the TopClubs.co.za service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the TopClubs.co.za service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the TopClubs.co.za service.
6.3 The TopClubs.co.za service contains Content of TopClubs.co.za ("TopClubs.co.za Content"). TopClubs.co.za Content is protected by copyright, trademark, patent, trade secret and other laws, and TopClubs.co.za owns and retains all rights in the TopClubs.co.za Content and the TopClubs.co.za service. TopClubs.co.za hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TopClubs.co.za Content (excluding any software code) solely for your personal use in connection with viewing the TopClubs.co.za Website and using the TopClubs.co.za service.
6.4 The TopClubs.co.za service contains Content of Users and other TopClubs.co.za licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the TopClubs.co.za service.
7. Content Posted.
7.1 TopClubs.co.za may delete any Content that in the sole judgment of TopClubs.co.za violates this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person – see House Rules. TopClubs.co.za assumes no responsibility for monitoring the TopClubs.co.za service for inappropriate Content or conduct. If at any time TopClubs.co.za chooses, in its sole discretion, to monitor the TopClubs.co.za service, TopClubs.co.za nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the TopClubs.co.za services, and any material or information that you transmit to other Members and for your interactions with other Users. TopClubs.co.za does not endorse and has no control over the Content. Content is not necessarily reviewed by TopClubs.co.za prior to posting and does not necessarily reflect the opinions or policies of TopClubs.co.za. TopClubs.co.za makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TopClubs.co.za service. TopClubs.co.za reserves the right to investigate and take appropriate legal action against anyone who, at TopClubs.co.za’s sole discretion, violates this provision, including without limitation, removing the offending communication from the TopClubs.co.za service and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, at the sole discretion of TopClubs.co.za:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, surnames, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the TopClubs.co.za Website and through your use of the TopClubs.co.za service. TopClubs.co.za reserves the right to investigate and take appropriate legal action against anyone who, at TopClubs.co.za's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or service through the TopClubs.co.za service. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the TopClubs.co.za service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, TopClubs.co.za reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which TopClubs.co.za deems appropriate at its sole discretion;
3. covering or obscuring the banner advertisements on your personal profile page, or any TopClubs.co.za page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the TopClubs.co.za service or the networks or service connected to the TopClubs.co.za service;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the TopClubs.co.za service in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the TopClubs.co.za service on behalf of that person, such as placing commercial content on your profile, posting forums with a commercial purpose;
12. using the TopClubs.co.za service in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TopClubs.co.za to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to TopClubs.co.za by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the TopClubs.co.za service in a way that constitutes copyright infringement, please contact administrator@topclubs.co.za with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the TopClubs.co.za service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
10. Member Disputes. You are solely responsible for your interactions with other TopClubs.co.za Members. TopClubs.co.za reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy. Use of the TopClubs.co.za service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. TopClubs.co.za is not responsible for any incorrect or inaccurate Content posted on the TopClubs.co.za Website or in connection with the TopClubs.co.za service, whether caused by Users of the TopClubs.co.za service or by any of the equipment or programming associated with or utilized in the TopClubs.co.za service. Profiles created and posted by Members on the TopClubs.co.za Website may contain links to other websites. TopClubs.co.za is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TopClubs.co.za. Inclusion of any linked website on the TopClubs.co.za service does not imply approval or endorsement of the linked website by TopClubs.co.za. When you access these third-party sites, you do so at your own risk. TopClubs.co.za takes no responsibility for third party advertisements which are posted on this TopClubs.co.za Website or through the TopClubs.co.za service, nor does it take any responsibility for the goods or service provided by its advertisers. TopClubs.co.za is not responsible for the conduct, whether online or offline, of any User of the TopClubs.co.za service. TopClubs.co.za assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TopClubs.co.za is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TopClubs.co.za services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TopClubs.co.za service. Under no circumstances shall TopClubs.co.za be responsible for any loss or damage, including personal injury or death, resulting from use of the TopClubs.co.za service, attendance at a TopClubs.co.za event, from any Content posted on or through the TopClubs.co.za service, or from the conduct of any Users of the TopClubs.co.za service, whether online or offline. The TopClubs.co.za service is provided "AS-IS" and as available and TopClubs.co.za expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TopClubs.co.za cannot guarantee and does not promise any specific results from use of the TopClubs.co.za service.
13. Limitation on Liability. IN NO EVENT SHALL TopClubs.co.za BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF TopClubs.co.za HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TopClubs.co.za'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TopClubs.co.za FOR THE TopClubs.co.za service DURING THE TERM OF MEMBERSHIP.
14. RSA Export Controls. Software available in connection with the TopClubs.co.za service (the "Software") is further subject to South African export controls. No Software may be downloaded from the TopClubs.co.za service or otherwise exported or re-exported in violation of South African export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving the TopClubs.co.za service, you agree that the dispute shall be governed by the laws of South Africa, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue. Either TopClubs.co.za or you may demand that any dispute between TopClubs.co.za and you about or involving the TopClubs.co.za service must be settled by arbitration utilizing the dispute resolution procedures of the South African Arbitration Association, provided that the foregoing shall not prevent TopClubs.co.za from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold TopClubs.co.za, its holding company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TopClubs.co.za service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the TopClubs.co.za Website or through the TopClubs.co.za service causes TopClubs.co.za to be liable to another.
17. Other. This Agreement is accepted upon your use of the TopClubs.co.za Website or any of the TopClubs.co.za services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TopClubs.co.za regarding the use of the TopClubs.co.za service. The failure of TopClubs.co.za to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TopClubs.co.za is a trademark of bRate_it (PTY) Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.