Effective date: 01/01/2006; last updated: 7/11/2011.
2. Use of the Site
c. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site provided that the link does not portray SYC, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner.
d. In order to access certain features of the Site, you will have to create an account by registering with SYC. You may never use another User's registered details without permission. Some of the services available via the Site require you to pay a price, fee and/or charge, as described in the specific terms and conditions included on web pages where those services are offered. You agree to pay all prices, fees and charges that you incur. Unless otherwise stated, all price currency references are in South African Rand (ZAR). We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time that the fee or the charge becomes payable.
The following provisions apply to Users who register with SYC:
a. Registration with SYC is open only to individuals who are 18 years of age or older. By registering with SYC, you represent and warrant that you are 18 years of age or older. SYC reserves the right in its sole discretion to refuse any membership applications.
d. Registration is free. Registration is personal to you, and is not transferable. You shall be solely responsible for ensuring that any and all details (including your email address) held about you by SYC are kept up to date and are correct.
e. Registration entitles you to access various features of the Site, details of which are available from to time through the Site. Additional terms and conditions may also apply to these features, and you should monitor the Site from time to time for details. The information, products and services available through the Site are subject to change at any time, without notice or liability to SYC.
4. A special note about children
SYC is concerned about the safety and privacy of all its Users, particularly children. Our Site targets an audience that is 18 years of age or older, and some content may not be appropriate for all ages. For this reason, parents who wish to allow their children access to the Site should assist them in setting up any relevant accounts and supervise their access to the Site. You acknowledge that, by allowing your children access to the Site, they will be able to access all parts of the Site. As their legal guardian, it is your responsibility to determine whether the Site (or any part(s) of it) and/or any of the User Materials or other content or materials accessible via the Site are appropriate for your children.
5. Unauthorised use of the Site
a. You may not use the Site for any illegal or unauthorised purpose.
b. You may not use or launch any "robot”, "spider” or other automated system to catalogue, download, store or otherwise reproduce or distribute content available on the Site or to manipulate the results of any activity carried out on the Site, including, but not limited to, prize competitions. Despite the foregoing, SYC grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SYC reserves the right to revoke these exceptions either generally or in specific cases.
c. You may not take any action to interfere with the Site or any other User's use of it, including, but not limited to, overloading, "flooding", "mailbombing" or "crashing" the Site.
d. You may not collect or harvest any personally identifiable information (including, without limitation, account names) from the Site. You may not use the communication systems provided by the Site for any commercial solicitation purposes, except in any areas specifically designated for such purposes.
f. You may not forge or hide your true identity in any postings or emails.
g. You may not frame portions of the Site within any other website, alter the appearance of the Site or establish links from any other website to the Site (other than to the home page) without SYC’s express prior written consent. You may not display or use any SYC logo (or any other SYC or third-party proprietary trade mark or graphic) as part of any such link or in any other way without SYC’s or the relevant third party’s express prior written consent. You must not embed mp3 Content hosted on the Site on third-party websites that cause such Content to “autoplay”.
6. Intellectual property
c. Sell Your Car is the trade mark of SYC. All rights reserved. All other trade marks on the Site are the property of their respective owners.
7. User Materials
b. By uploading any User Material, you irrevocably and unconditionally grant the following rights:
(i) you grant to SYC and each of SYC’s successors in title (“Successors”) a worldwide, non-exclusive, sub-licensable, transferable, assignable and royalty-free licence for the time during which the User Material is hosted by SYC on the Site to use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise make available to the public (“utilise”) such User Material (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website or other digital or broadcast media operated by, and in any related promotional materials produced by, SYC or any of its affiliates and Successors);
(ii) you grant to SYC and each Successor each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by SYC and any of its affiliates and Successors throughout the world to utilise such User Material in accordance with the above licence and grant of rights;
(iv) in connection with the permitted use of such User Material in accordance with the above licences and grants of rights: (A) you hereby waive, or warrant that you have procured the waiver of, the right to receive any performance royalties that might otherwise be payable in respect of the streaming or other communication to the public of such User Material via the Site; (B) you hereby waive, or warrant that you have procured the waiver of, in favour of SYC, each Successor and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such User Material; and (C) you grant to SYC, each Successor and each User the non-exclusive, royalty-free right to use your name and any trade mark, professional or business name, likeness, photograph, signature and/or biographical material submitted by you to SYC.
For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your User Material(s) (and in any reproductions of the same) as vest in you. IF YOU DO NOT WANT TO GRANT TO SYC THE RIGHTS SET OUT ABOVE, PLEASE DO NOT DOWNLOAD YOUR USER MATERIAL TO THE SITE.
c. You shall be solely responsible for your own User Materials and the consequences of uploading them. By uploading any User Material, you warrant and represent for the benefit of SYC, its suppliers and any third parties mentioned on or via the Site that:
a. In connection with User Materials, you shall not impersonate another person and shall not upload any User Material (including, without limitation, a username or screen name) that:
(ii) is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable;
(iii) exploits children under the age of 18 in a sexual or violent manner, or solicits personal information from any such child; or
(iv) represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, SYC or any of its licensors (or their applications, products, services and/or websites) or any third party; or
(v) that is directly or indirectly commercial or contains any advertisement, promotion or solicitation of business, except in any areas specifically designated for such purpose; or
(vi) contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
b. You acknowledge that, when using the Site, you will be exposed to User Materials from a variety of sources, and that SYC is not responsible for the truth, accuracy, usefulness, safety of such User Materials or for intellectual property rights in and to such User Materials. SYC does not endorse any User Material or any opinion, recommendation or advice expressed in the same, and SYC expressly disclaims any and all liability in connection with User Materials. You further acknowledge that you may be exposed to User Materials that are untrue, inaccurate, indecent or otherwise harmful or offensive. You hereby waive any legal or equitable rights or remedies that you have or may have against SYC in respect of the same.
8. Removal of Content and User Materials
a. You acknowledge that SYC does not pre-screen any User Material(s) uploaded by you or other Users.
b. SYC reserves the right in its sole discretion to remove, or to suspend or disable access to, Content and User Materials at any time without liability to SYC and with or without prior notice.
c. SYC does not permit infringement of intellectual property rights or other third-party rights on the Site, and SYC shall remove or suspend or disable access to any Content or User Material if properly notified that such Content or User Material infringes a third party's rights. SYC shall also terminate a User's access to the Site if such User has been notified of infringing activity more than twice and/or has had a User Material removed from the Site more than twice.
e. SYC shall fully co-operate with any law-enforcement authorities or court order requesting or directing the disclosure of the identity of anyone who submits unlawful material.
f. If you are a rights-owner or an agent acting for a rights-owner and believe that any User Material or other Content infringes your rights and you wish SYC to remove such material from the Site or to suspend or disable access to it, please refer to our Notice and Take-down Procedure.
9. Information on the Site
a. The information displayed on the Site is intended for general information purposes only. SYC accepts no liability for the accuracy or completeness of information displayed on the Site. The views and opinions expressed on the Site are not necessarily those of SYC.
10. Third-party websites
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges relating to the same.
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYC DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM A COMPUTER VIRUS, OPERABILITY OR AVAILABLITY OF THE CONTENT OR OF THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL.
b. SYC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SYC SHALL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of liability
a. YOU AGREE THAT, IN RESPECT OF ANY PURCHASES OF PRODUCTS MADE THROUGH THE SITE, YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY SYC OR ANY OF SYC'S AFFILIATES OR AGENTS SHALL BE, AT SYC'S OPTION, (I) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON SYC; OR (II) REFUND OF THE AMOUNT THAT YOU PAID TO SYC.
b. YOUR USE OF THE SITE IS OTHERWISE ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL SYC OR ITS AFFILIATES, THEIR LICENSORS, SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. WITHOUT LIMITING THE FOREGOING, SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY (I) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) UNAUTHORISED ACCESS TO OR USE OF SYC’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED IN SUCH SERVERS, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR (V) VIRUSES, BUGS, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
c. YOU SPECIFICALLY ACKNOWLEDGE THAT SYC SHALL NOT BE LIABLE FOR USER MATERIALS OR THE DEFAMATORY, OFFENSIVE OR UNLAWFUL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH SUBMISSIONS OR CONDUCT RESTS ENTIRELY WITH YOU.
15. Modifications to the Site
SYC reserves the right at any time to modify, suspend or discontinue the Site or any part or aspect of it, and you agree that SYC shall not be liable to you or to any third party for any such modification, suspension or discontinuance, except that you shall be entitled to receive a pro-rata refund in the event that such modification, suspension or discontinuance materially affects your access to those parts or aspects of the Site that you have paid for.
16. International use
a. The Site is maintained, controlled and operated by SYC from its facilities in the United Kingdom / USA / South Africa. The Site is hosted in the USA, and all data and information relating to the Site will be held there. SYC makes no representation that the Site or Content accessible on or via the Site is appropriate or available for use in other locations. SYC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. Those who access or use the Site from other jurisdictions do so on their own initiative and at their own risk and are responsible for compliance with all local, state, federal and national laws and regulations that apply to your use of the Site and the Content accessible on or via the Site and to acceptable use of, and conduct on, the internet.
b. The User Materials provided on the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SYC to any registration requirement within such jurisdiction or country.
c. The section headings in all such documents are inserted for convenience only and have no legal or contractual effect.
About SYC: SYC is part of BIG STAR Ltd. a company registered in England and Wales under company number 7788424.