Khoyo Terms of Service
These Terms of Service are derived from the Khoyo Guidelines, and is our terms of service that governs our relationship with users and others who interact with Khoyo as well as, products and services, which we call the “Khoyo Services” or “Services”. By using or accessing the Khoyo Services, you agree to these terms, as updated from time to time in accordance with Section 7 below.
Because Khoyo provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Khoyo (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Khoyo, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Khoyo, but you understand that we may use your feedback or suggestions without any
obligation to compensate you for them (just as you have no obligation to offer them).
You will not post unauthorized commercial communications (such as spam) on Khoyo.
You will not collect users' content or information, or otherwise access Khoyo, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Khoyo.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
When rating someone, you must never mention any specific names, or place anyone in danger.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) AT ALL!
You will not use Khoyo to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Khoyo, such as a denial of service attack or interference with page rendering or other Khoyo functionality.
You will not facilitate or encourage any violations of these terms or our policies.
You will not provide any false personal information on Khoyo, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use your personal timeline primarily for your own commercial gain, and will use a Khoyo Page for such purposes.
You will not use Khoyo if you are under 13.
You will not use Khoyo if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such
as when a trademark owner complains about a username that does not closely relate to a user's actual name).
You will not post content or take any action on Khoyo that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Khoyo if we believe that it violates these terms or our policies.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except if you have our prior written permission.
You will not post anyone's identification documents or sensitive financial information on Khoyo.
You will not tag users or send email invitations to non-users without their consent.
You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by these terms, we may provide notice on the Site Governance Page.
Your continued use of the Khoyo Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our
amended terms, policies or guidelines.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these terms or Khoyo exclusively in the South Africa Supreme Court, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the city of Gauteng will govern these terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Khoyo, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Khoyo and are not responsible for the content or information users transmit or share on Khoyo. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Khoyo. We are not responsible for the conduct, whether online or offline, of any user of Khoyo.
WE TRY TO KEEP KHOYO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING KHOYO AS IS WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT
GUARANTEE THAT KHOYO WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT KHOYO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
KHOYO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD
PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR KHOYO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR KHOYO WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU
HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KHOYO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
10. Special Provisions Applicable to Users Outside of South Africa
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Khoyo outside South Africa:
By "Khoyo" or” Khoyo Services” we mean the features and services we make available, including through (a) our website at www.khoyo.com and any other Khoyo branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform. Khoyo reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Khoyo or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Khoyo.
By "content" we mean anything you or other users post, provide or share using Khoyo Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Khoyo or provide to Khoyo through Platform.
By "post" we mean post on Khoyo or otherwise make available by using Khoyo.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
If you are a resident of or have your principal place of business in South Africa, these terms is an agreement between you and Cubic Creative Company (Pty) Ltd. References to “us,” “we,” and “our” mean either Khoyo Co. (Pty) Ltd.
These terms makes up the entire agreement between the parties regarding Khoyo, and supersedes any prior agreements.
If any portion of these terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these terms, it will not be considered a waiver.
Any amendment to or waiver of these terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these terms to anyone else without our consent.
All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these terms shall prevent us from complying with the law.
These terms does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Khoyo.