TERMS AND CONDITIONS
Ownership of this website and the website content
This website is owned by Hennie Niemann Limited Edition Prints (Pty) Ltd, a private company with limited liability registered under the company laws of South Africa (‘the Company’). Unless otherwise indicated, all of the content featured or displayed on this website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (‘the website content’) is owned by the Company. All elements of this website and the website content are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of this website
This website and the website content are intended for customers of the website. You may not use this website or the website content for any purpose not related to your business with purchasing prints from this website. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website and/or the website content without, or in violation of, a written license or agreement with the Company; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website and/or the website content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service related to this website and/or the website content if you are not expressly authorized in writing by the Company to do so; and (e) using this website and the website content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
The Company reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of this website.
We are committed to protecting your privacy, and will not collect, use and disclose your personal information without your consent.
Copyright Infringement Policy
The Company may terminate accounts of holders who infringe the intellectual property rights of the Company or any third party owner of intellectual property rights.
The Company may give notice of a claim of infringement of its intellectual property rights by means of a general notice on this website, and/or electronic mail to a user’s e-mail address, and/or by written communication sent by mail to a user’s address. If you believe that any content on this website infringes upon any copyright that you own or control, you may give notice of the alleged infringement including a demand to cease the alleged infringement, supported with evidence of the ownership of the intellectual property rights allegedly infringed upon, by email to the Company at the email address provided at the end of these TERMS AND CONDITIONS.
The Company’s name, logo, slogan and any other product or service of the Company contained in this website are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company’s directors. You may not use metatags or any other “hidden text” utilizing the phrase “Hennie Niemann Limited Edition Prints (Pty) Ltd” or any other name, trademark or product or service name of the Company without the express prior written permission of the directors of the Company. In addition, the look and feel of this website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the directors of the Company. All other trademarks, registered trademarks, product names and company names or logos mentioned in this website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute an implied endorsement, sponsorship or recommendation thereof by the Company.
You may not use the Company’s logo or other proprietary graphic of the Company to link to this without the express prior written permission of the directors of the Company. Further, you may not frame any of the Company’s trademark, logo or other proprietary information, including the website content without the express prior written permission of the directors of the Company. The Company makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this website, or websites linking to this website. These links are provided merely for convenience, and the inclusion of a link does not constitute or imply affiliation, endorsement or adoption by the Company. You should review the applicable terms and policies, including privacy and data gathering practices, of the website(s) site to which you navigate after leaving this website. Your participation, correspondence or business dealings with any third party found on or through this website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums & other Interactive Services or Areas
This website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on this website (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through this website any of the following:
- Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the relevant Securities and Exchange Regulator or any rules of the relevant securities exchange.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of the directors of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or this website, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose the Company or the users of this website to harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. The Company, takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is The Company, liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, the Company is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although the Company, has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, The Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on this website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on this website at your sole cost and expense. Any use of the Interactive Areas or other portions of this website in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this website. You acknowledge and agree that the Company may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of the Company, or to protect the safety of the company, its employees, agents, affiliates, customers or the public. If you post User Content to this website, unless we indicate otherwise, you grant the Company, and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to this website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these TERMS AND CONDITIONS and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of this website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this website (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify The Company, immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
Changes to these TERMS AND CONDITIONS
The Company reserves the right to change any of these TERMS AND CONDITIONS or any policy or guideline of this website, at any time and in its sole discretion.
When we make changes, we will revise the “last updated” date at the top of this webpage. Any changes will be effective immediately upon posting on this website. Your continued use of this website following the posting of changes will constitute your acceptance of such changes.
No alleged waiver of any of these TERMS AND CONDITIONS terms will be of any force and effect unless it has been reduced to writing and signed by the Directors of the Company.
You agree to defend, indemnify and hold harmless the Company, its directors, employees, contractors, agents, affiliates, licensors and third party information providers against any claims, damages, liabilities costs and expenses arising out of or related to any User Content that you post, store or otherwise transmit on or through this website, your conduct, your use or inability to use this website, your breach or alleged breach of this website Terms or of any representation or warranty contained herein, your unauthorized use of the Company, Content, or your violation of any rights of another.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS AND THIRD PARTY INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE WEBSITE CONTENT, SERVICES, MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THIS WEBSITE.
THIS WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED “AS IS” AND THE COMPANY, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS AND THIRD PARTY INFORMATION PROVIDERS EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS AND THIRD PARTY INFORMATION PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE WEBSITE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE DO NOT WARRANT THAT THIS WEBSITE AND THE WEBSITE CONTENT ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE AND/OR THE WEBSITE CONTENT.
The Company uses reasonable efforts to ensure the accuracy, correctness and reliability of this website and the website content, but we make no representations or warranties in this regard. The Company offers a search feature within this website. The Company explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. The Company also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Applicable Law and Forum
The law of South Africa applies in any dispute related in any way to this website, the website content and any alleged infringement of intellectual property rights related thereto, in respect of which the Western Cape High Court, South Africa shall have exclusive jurisdiction.
Questions and Contact Information
Questions or comments about this website or these TERMS AND CONDITIONS may be submitted by email to the Company, at firstname.lastname@example.org