Website Terms of Use

MyAnniversary.co.za

Website Terms of Use

WELCOME

Welcome to the MyAnniversary.co.za website (the “Website”). This Website is provided solely to assist customers in gathering romantic anniversary related information, posting opinions of romantic anniversary related issues and for no other purposes. The terms “we”, “us”, “our” and “MyAnniversary” refer to MyAnniversary and our corporate affiliates and websites (collectively, “MyAnniversary”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you on condition that you accept, without modification any/all terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorized to use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein at any time, at our sole discretion. Your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a MyAnniversary.co.za account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our Website. (iv) possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein.

MyAnniversary does not knowingly collect the information of anyone under the age of 18. We retain the right, at our sole discretion, to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Copying, transmission, reproduction, republication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of MyAnniversary. To request permission, you may contact MyAnniversary as follows:

MyAnniversary
Director, Partnerships
MyAnniversary 
 

Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites that are owned and operated by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on their website. It is your responsibility to understand the terms and conditions of any third-party website before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where MyAnniversary provides details of charges on any third-party website, such information is provided for convenience and information purposes only. MyAnniversary in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • (i) use this Website or its contents for any commercial purpose;
  • (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • (iii) bypass or circumvent any measures employed to prevent or limit access to this Website;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) deep-link to any portion of this Website for any purpose without our express written permission; or
  • (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MyAnniversary in connection with the Website or the services

PRIVACY POLICY

MyAnniversary believes in protecting your privacy. Any personal information you post on the Website will be used in accordance with our privacy policy. Click here to view our Privacy Policy. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

MyAnniversary wants to hear from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any gift, accommodation, restaurant, activity or event reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant MyAnniversary and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that MyAnniversary may choose to provide attribution of your comments or reviews at our discretion. You further grant MyAnniversary the right to pursue at law any person or entity that violates your or MyAnniversary’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

MyAnniversary does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. MyAnniversary nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Website Content.

The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of anniversary experiences or other content, messages, materials or other items on the Website ("Interactive Areas"). If MyAnniversary provides such 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 expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law;
  4. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  5. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that 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;
  6. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including MyAnniversary;
  7. Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
  8. Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  9. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  10. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. Viruses, corrupted data or other harmful, disruptive or destructive files;
  12. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  13. Content or links to content that, in the sole judgment of MyAnniversary, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) which may expose MyAnniversary or its affiliates or its users to any harm or liability of any type.

 

MyAnniversary takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MyAnniversary liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MyAnniversary is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although MyAnniversary has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, MyAnniversary reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by MyAnniversary or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release MyAnniversary, and its licensees, successors and assigns, from any claims that you could otherwise assert against MyAnniversary by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Website Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect MyAnniversary's systems and customers, or to ensure the integrity and operation of MyAnniversary's business and systems, MyAnniversary may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content. MyAnniversary's right to disclose any such information shall take precedence over any terms of MyAnniversary's Privacy Policy.

TRAVEL DESTINATIONS

MyAnniversary DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY PARTICULAR DESTINATION IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY PARTICULAR DESTINATION.

PRODUCT AND SERVICE DESCRIPTIONS

MyAnniversary attempts to be as accurate as possible. However, MyAnniversary does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MyAnniversary WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MyAnniversary WEBSITE ARE PROVIDED BY MyAnniversary ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MyAnniversary MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (WEBSITE CONTENT) OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MyAnniversary. MyAnniversary MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MyAnniversary DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MyAnniversary DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, MyAnniversary'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MyAnniversary ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MyAnniversary WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MyAnniversary SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend and indemnify MyAnniversary and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (i) your breach of this Agreement or the documents referenced herein;
  • (ii) your violation of any law or the rights of a third party; or
  • (iii) your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than MyAnniversary. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party website to link your profile on MyAnniversary to a profile on another third party website. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party website) at any time.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2015 MyAnniversary. All rights reserved. MyAnniversary is not responsible for content on websites operated by parties other than MyAnniversary. MyAnniversary, including the MyAnniversary logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of MyAnniversary and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyAnniversary or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MyAnniversary and may not be copied, imitated or used, in whole or in part, without the prior written permission of MyAnniversary. All other trademarks, registered trademarks, product names and company names or logos mentioned on the 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 or imply endorsement, sponsorship or recommendation thereof by MyAnniversary.

NOTICE AND TAKE-DOWN POLICY FOR ILLEGAL CONTENT

MyAnniversary operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Once this procedure has been followed MyAnniversary will make all reasonable endeavours to remove illegal content within a reasonable time.

WEBSITE POLICIES, MODIFICATIONS AND SEVERABILITY

MyAnniversary reserves the right to make any changes to the MyAnniversary Website, policies, and these Conditions of Use of Website at any time. Thereafter, you expressly agree to be bound by any such amended Conditions of Use of Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

MyAnniversary may change, suspend or discontinue any aspect of the MyAnniversary service at any time, including availability of any feature, database or content. MyAnniversary may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other MyAnniversary website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Conditions of Use of Website or of any law or regulation and where it decides to discontinue providing a service.

YOUR CONTINUED USE OF MYANNIVERSARY NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.

GENERAL

This Website is operated by a South Africa entity and this Agreement is governed by the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction and venue of courts in South Africa for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against MYANNIVERSARY arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in South Africa. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and MYANNIVERSARY and/or Affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and MyAnniversary with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and MyAnniversary with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

HAND PICKED ROMANTIC IDEAS

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