Student Village Terms and Conditions

StudentVillage.co.za is a collection of online web services that allow Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by StudentVillage.co.za ("StudentVillage.co.za" or "we") include the Studentvillage.co.za Web site (the "Student Village Website"), the StudentVillage.co.za Internet messaging service, online chat and any other features, content, or applications offered from time to time by StudentVillage.co.za in connection with Student Village Web site (collectively, the "Student Village Services"). The Student Village Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Student Village Services. By using Student Village Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse Student Village Web site) or you are a "Member" (which means that you have registered with StudentVillage.co.za). The term "User" refers to a Visitor or a Member. You are only authorised to use Student Village Services (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 Student Village Web site and discontinue use of Student Village Services immediately. If you wish to become a Member, communicate with other Members and make use of Student Village Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes StudentVillage.co.za's policy for acceptable use of Student Village Services and Content posted on Student Village Web site, your rights, obligations and restrictions regarding your use of Student Village Services and Student Village.co.za's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to Student Village Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by e-mailing us at: [email protected], and using the subject line: Terms of Use Agreement.

StudentVillage.co.za may modify this Agreement from time to time and such modification shall be effective upon posting by StudentVillage.co.za on Student Village Web site. You agree to be bound to any changes to this Agreement when you use Student Village Services 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 carefully the information you post on StudentVillage.co.za and that you provide to other Users. Your StudentVillage.co.za profile may not include the following content or photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Student Village Members (for instance, in their Profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Student Village assumes no responsibility or liability for this material. If you become aware of misuse of Student Village Services by any person, please contact Student Village or click on the "Report Inappropriate Content" link at the top of any Student Village profile page.

Student Village reserves the right, in 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 Student Village Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Student Village Services is void where prohibited. By using the Student Village Services, 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 Student Village Services 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 Student Village Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting [email protected].  Student Village may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. 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 Student Village immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members. The Student Village Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Student Village. Illegal and/or unauthorised use of Student Village Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorised framing of or linking to the Student Village Web site 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 unauthorised use of the Student Village Services.
5. Proprietary Rights in Content on Studentvillage.co.za.
   1. Student Village 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 Student Village Services. After posting your Content to Student Village Services, 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 Student Village Services, you hereby grant to Student Village a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Student Village Services.

Without this license, Student Village would be unable to provide Student Village Services. For example, without the right to modify Member Content, Student Village would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Student Village could not allow Users to listen to music posted by Members. The license you grant to Student Village is non-exclusive (meaning you are free to license your Content to anyone else in addition to Student Village), fully-paid and royalty-free (meaning that Student Village is not required to pay you for the use on Student Village Services of the Content that you post), sub licensable (so that Student Village is able to use its affiliates and subcontractors such as Internet content delivery networks to provide Student Village Services), and worldwide (because the Internet and Student Village Services are global in reach). This license will terminate at the time you remove your Content from Student Village Services. The license does not grant Student Village the right to sell your Content, nor does the license grant Student Village the right to distribute your Content outside of Student Village Services.

2. You represent and warrant that: (i) you own the Content posted by you on or through Student Village Services 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 Student Village Services 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 Student Village Services.
3. The Student Village Services contain Content of Student Village ("Student Village Content"). Student Village Content is protected by copyright, trade secret and other laws, and Student Village owns and retains all rights in the StudentVillage.co.za Content and Student Village Services. Student Village hereby grants you a limited, revocable, non-sub licensable license to reproduce and display Student Village Content (excluding any software code) solely for your personal use in connection with viewing Student Village Web site and using the Student Village Services.
4. The Student Village Services contain Content of Users and other Student Village 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 Student Village Services.
5. Content Posted.
   1. Student Village may delete any Content that in the sole judgment of Student Village violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Student Village assumes no responsibility for monitoring Student Village Services for inappropriate Content or conduct. If at any time Student Village chooses, in its sole discretion, to monitor Student Village Services, Student Village 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.
   2. You are solely responsible for the Content that you post on or through any of Student Village Services, and any material or information that you transmit to other Members and for your interactions with other Users. Student Village does not endorse and has no control over the Content. Content is not necessarily reviewed by Student Village prior to posting and does not necessarily reflect the opinions or policies of Student Village. Student Village 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.
6. Content/Activity Prohibited.
   The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Student Village Services. Student Village reserves the right to investigate and take appropriate legal action against anyone who, in Student Village's sole discretion, violates this provision, including without limitation, removing the offending communication from Student Village Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Student Village:
   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 Web site;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorised 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 Student Village Web site and through your use of Student Village Services. Student Village reserves the right to investigate and take appropriate legal action against anyone who, in Student Village's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

16. criminal or tortious 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;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the Student Village Services. 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 Student Village Services 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, Student Village reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which Student Village deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Student Village Services, you acknowledge that you will have caused substantial harm to Student Village, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Student Village R100 for each such unsolicited e-mail or other unsolicited communication you send through the Student Village Services;
18. covering or obscuring the banner advertisements on your personal profile page, or any Student Village page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on Student Village Services or the networks or services connected to Student Village Services;
21. attempting to impersonate another Member or person;
22. 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;
23. selling or otherwise transferring your profile;
24. using any information obtained from Student Village Services in order to harass, abuse, or harm another person;
25. 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 Student Village Services on behalf of that person, such as placing commercial content on your profile, posting in forums or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
26. using Student Village Services in a manner inconsistent with any and all applicable laws and regulations.
7. 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 Student Village to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Student Village 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 Student Village Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised 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 Student Village Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised 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 authorised to act on the copyright owner's behalf. More information is available at [email protected]
8. Member Disputes. You are solely responsible for your interactions with other Student Village Members. Student Village reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Privacy. Use of Student Village Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
10. Disclaimers. Student Village is not responsible for any incorrect or inaccurate Content posted on Student Village Web site or in connection with Student Village Services, whether caused by Users of the Student Village Services or by any of the equipment or programming associated with or utilised in Student Village Services. Profiles created and posted by Members on Student Village Web site may contain links to other Web sites. Student Village 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 Student Village. Inclusion of any linked Web site on Student Village Services does not imply approval or endorsement of the linked Web site by Student Village. When you access these third-party sites, you do so at your own risk. Student Village takes no responsibility for third party advertisements which are posted on this Student Village Web site or through Student Village Services, nor does it take any responsibility for the goods or services provided by its advertisers. Student Village is not responsible for the conduct, whether online or offline, of any User of Student Village Services. Student Village assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. Student Village 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 e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Student Village 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 Student Village Services. Under no circumstances shall Student Village be responsible for any loss or damage, including personal injury or death, resulting from use of the Student Village Services, attendance at a Student Village event, from any Content posted on or through Student Village Services, or from the conduct of any Users of Student Village Services, whether online or offline. The Student Village Services are provided "AS-IS" and as available and Student Village expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Student Village cannot guarantee and does not promise any specific results from use of Student Village Services.
11. Limitation on Liability. IN NO EVENT SHALL STUDENT VILLAGE 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 SERVICES, EVEN IF STUDENT VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STUDENT VILLAGE.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 STUDENT VILLAGE FOR THE STUDENT VILLAGE SERVICES DURING THE TERM OF MEMBERSHIP.
12. Disputes. If there is any dispute about or involving Student Village Services, you agree that the dispute shall be governed by the laws of the Republic of South Africa. Either Student Village or you may demand that any dispute between Student Village and you about or involving the Student Village Services must be settled by arbitration utilising the dispute resolution procedures according to South African laws, provided that the foregoing shall not prevent Student Village  from seeking injunctive relief in a court of competent jurisdiction.
13. Indemnity. You agree to indemnify and hold Student Village, 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 Student Village Services 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 Student Village Web site or through Student Village Services causes Student Village to be liable to another.
14. Other. This Agreement is accepted upon your use of Student Village Web site or any of Student Village Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Student Village regarding the use of the Student Village Services. The failure of Student Village 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. 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.

Please contact us at [email protected] with any questions regarding this Agreement.