THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. CLICKING THE “I ACCEPT AND AGREE” BUTTON AND/OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.
Babblesex provides this website and its services to you subject to the following terms and conditions, which services or terms and conditions may be changed by Babblesex from time to time without notice to you.
In this document, the words “us”, “we”, and “our” refer to Babblesex.
This website and all information, images, artwork, text, video, audio, pictures and other materials contained on this website, and the website design, content and arrangement (collectively, the “Information”) is provided "AS IS". Babblesex makes no representations or warranties of any kind, express or implied, as to the operation of this website, its services, or the Information. Babblesex IS NOT RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY WAY ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS SERVICES OR THE Information, INCLUDING ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR PERSONAL INFORMATION BEING TRANSMITTED BETWEEN YOU AND Babblesex, OR TO OTHER USERS.
WE ARE NOT RESPONSIBLE FOR LOST, DELETED, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES, MAIL, PICTURES, IMAGES OR INFORMATION, UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Babblesex DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EXCLUSION OF LIABILITY
Babblesex WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEBSITE OR Babblesex'S SERVICES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR Babblesex IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.
While reasonable efforts are made to ensure the Information is accurate and reliable when it is posted on this site, THE Information MAY NOT BE ACCURATE, COMPLETE OR CURRENT. You supply and/or use the Information at your own risk and you should not rely on the Information in situations where that reliance might result in any loss or damage to persons or property.
The Information is protected by copyright laws. All Information available on this site is intended for private, non-commercial use by individuals. Any commercial use of the Information, in whole or in part, directly or indirectly, without the prior written consent of the owner(s) of the copyright, is specifically prohibited. The Information may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Individual users may, subject to these terms and conditions, forward, print or save individual pages for private, non-commercial use, however, an individual user may not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Information without Babblesex's prior written approval. By downloading the Information, you confirm agreement with, and acceptance of, the foregoing conditions of use.
By providing your image or picture to Babblesex, you grant Babblesex and Babblesex's users the worldwide, perpetual and irrevocable right to make copies, or to authorize others to make copies, of your image or picture, under the conditions set out in the preceding paragraph.
Babblesex respects your personal privacy. By providing certain personal information in the Babblesex Application Form, you grant Babblesex the worldwide, perpetual and irrevocable right to make this information available to others on the Babblesex website. At any time you may remove your personal information from the Babblesex website and Babblesex's records by providing your request for its removal, in writing, to Babblesex at the following e-mail address: [email protected]
COMMUNICATION USING THE WEBSITE
This website may contain bulletin board services, chat areas, news groups, forums and other communications facilities designed to allow you to communicate with others. You may not use these features or this website to communicate anything defamatory, threatening, hateful, harassing, abusive, unlawful, vulgar, obscene, harmful or potentially harmful, or invasive of anyone's privacy. Babblesex does not generally monitor and filter the content posted within these communication facilities; however, Babblesex may review and delete any materials without cause, notice or explanation.
Any networks that are linked from this website are not under our control, and Babblesex does not assume any responsibility or liability for any communications or materials available at those linked networks. All links are provided for your convenience only; they do not represent an endorsement or referral by Babblesex and you access linked networks at your own risk.
You may not use any of Babblesex's icons on your website without the express written consent of Babblesex, and you may not use the link to suggest that Babblesex sponsors, endorses, approves of or is affiliated with your website.
The laws in force in the Republic of South Africa will govern these disclaimers, terms, conditions and any claims you make against Babblesex. You agree that any action at law or in equity arising out of or relating to these disclaimers, terms and conditions will be filed only in the courts located in the province of Gauteng and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action, notwithstanding your place of residence.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that all information that you provide in the Babblesex Application Form is personal to you and that all images or photographs submitted by you are images or photographs of you.
You will indemnify and hold harmless Babblesex against any and all actions, costs, damages and reasonable attorney fees arising out of your use of the Babblesex services, your breach of any of these terms and conditions or your infringement of any third party's intellectual property rights.
This terms of this Agreement and the Babblesex User Agreement represent the final agreement between you and Babblesex with respect to your use of the services provided through the Babblesex website.