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Terms & Conditions for Use of the 2oceansvibe web site

Important Note to Users:

Please note that in terms of South African law (the Electronic Communications and
Transactions Act 25 of 2002, these Terms and Conditions are binding and enforceable
against all persons who access the Wild and out vibe website (or any part thereof).

If you do not agree to these terms and conditions you are advised to leave this web site
now, as further use will automatically bound you to these terms and conditions.

1. DEFINITIONS AND GENERAL

1.1 All references to the Wild and out vibe web site or content shall include
any part thereof;

1.2 All references to the words “you” and /or “User(s)” means any person who
accesses Wild and out vibe web site and these words shall be used
interchangeably;

1.3 The Wild and out vibe website shall be herein referred to as any of the
following: “Wild and out vibe web site”, “this website”, “the website” and
these terms shall be used interchangeably.

1.4 These terms and conditions constitute the entire agreement between Wild
and out vibe and the User. Any failure by Wild and out vibe to exercise or
enforce any right or provision or any indulgences granted to any User shall
in no way constitute a waiver of any of the rights of Wild and out vibe or a
waiver of any such provision/s.

1.5 In the event that any term or condition detailed in this agreement is found
to be unenforceable or invalid for any reason whatsoever, such term(s) or
condition(s) shall be severable from the remaining terms and conditions.
The remaining terms and conditions shall remain enforceable and
applicable against the User.

1.6 Any and all permissions granted in terms of this agreement are provided
on a non-transferable and non-exclusive basis and may be terminated or
cancelled by Wild and out vibe at any time without prior notice or having
to provide any reasons therefor to the User.

2. BACKGROUND

2.1 By way of background, the Wild and out vibe web site incorporates,
amongst other things, a lifestyle, sports and entertainment blog,

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advertising space for third party advertisers, links and references to the
writer’s personal product and venue choices and recommendations,
business references, reviews (including music, movies and third party
videos (both public and private), political views and references, event
notices and general information. The content of the web site covers
international and local events and information and targets a South African
audience as well as any persons or business who have an interest in
Nelspruit and South Africa as a whole.

2.2 The content varies from covering issues and news of general interest,
references to stories and news and in some parts contains writing which is
intended to be humorous and/or fictional and/or autobiographical.

3. DISCLAIMER

3.1 The Wild and out vibe web site has not been compiled to meet any User's
individual and personal requirements. It is the responsibility of the User to
satisfy himself or herself, prior to entering into this agreement with Wild
and out vibe, that the content and services available from and through the
Wild and out vibe web site meet the User's individual requirements and is
compatible with the User's computer hardware and/or software.

3.2 Information, ideas and opinions expressed on the Wild and out vibe web
site should not be regarded as professional advice or the official opinion of
Wild and out vibe and Users are encouraged to consult professional advice
before taking any course of action related to the information, ideas or
opinions expressed on the Wild and out vibe web site.

3.3 Whilst Wild and out vibe shall take all reasonable steps to ensure quality
and accuracy of content available, some of the information on the web site
is intended to be of a humorous and/or fictional nature and Wild and out
vibe therefore does not make any warranties or representation that
content and services available from the Wild and out vibe web site will in
all cases be true, correct or free from any errors, nor does it make any
warranties that the Wild and out vibe website will be available at all times.
Users acknowledge that the Wild and out vibe web site may be unavailable
due to updates or any other causes which are beyond the reasonable
control of Wild and out vibe.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All intellectual property on the Wild and out vibe web site, including any
copyright or any other intellectual property rights is the property of, or is

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licensed to Wild and out vibe. As the owner (throughout the universe and
in perpetuity)and/or the licensee (as the case may be) of the property,
Wild and out vibe has the rights, title and interest in all of the content,
text, graphics, databases, designs, software, icons and hyperlinks on the
Wild and out vibe web site. As such, 2oceansvibe’s intellectual property is
protected from infringement by domestic and international treaties and
legislation.

4.2 “Wild and out vibe” and the tag line “Feel the rhythm, feel the vibe” as
well as the design of the logo (“the device”) and any pictures used in
conjunction with the name are trade marks belonging to the owner of the
web site and Users agree not to use the Wild and out vibe trademark or
the above tag line as a website name; or article title; and/or as an element
of a domain name or sub domain name (notwithstanding the fact that such
domain name use or registration may be allowed in terms of trademark
and/or constitutional law). Upon request to do so, a User shall immediately
cease to use such website name, article title and/or domain / sub domain
name and transfer it to the owners of the Wild and out vibe website at the
User’s own cost.

5. ALLOWED USE AND LICENSE

5.1 Wild and out vibe licenses the User to view, copy, download and print the
content of the Wild and out vibe web site, on the strict conditions that:

5.1.1 such content is used for personal, educational and/or non-


commercial purposes only (for the avoidance of any doubt, it is
noted that copying any material from the website for use on a
website blog (regardless of whether personal and/or commercial)
and/or on any web site is not permitted and a User is required to
obtain the prior written consent of the owner; and

5.1.2 any reproduction of content (in whole of part) including any


quotations, excerpts or references to the web site includes the
following copyright notice: “ © Wild and out vibe. ALL RIGHTS
RESERVED” and

5.1.3 acknowledges Wild and out vibe as the source of the content
(including the date upon which the content was sourced), and

5.1.4 acknowledges writers, artists, photographers and third parties in


the same way as they have been acknowledged on the Wild and out
vibe web site.

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5.2 Further to the above, text and/or graphics from the Wild and out vibe web
site shall not be used or exploited for any commercial and non-private
purposes without the prior written consent of Wild and out vibe.

5.3 In amplification of the above, all quotations must be placed in inverted


commas, the author must be acknowledged and a hyperlink to the quoted
content must be provided as a footnote to such quote.

5.4 Users may only access and use the Wild and out vibe web site for legal
purposes.

5.5 The caching of the Wild and out vibe web site shall only be allowed if:

5.5.1 The purpose of the caching is to make the onward transmission of


the content from the Wild and out vibe web site more efficient;

5.5.2 The cached content is updated regularly at least every 10 (ten)


hours;

5.5.3 The cached content is not modified in any manner whatsoever; and

5.5.4 The cached content is removed or updated when so required by


Wild and out vibe.

5.6 Apart from legitimate search engine operators, no person may use or
attempt to use any technology or applications (including web crawlers or
web spiders) to search or copy content from the Wild and out vibe web site
for any purposes, without the prior written consent of Wild and out vibe.

6. BREACH AND HYPERLINKS

6.1 In the event of any person using the content from the Wild and out vibe
web site in breach of the provisions detailed in this document:

6.1.1 Wild and out vibe reserves the right to claim damages from such
person; and

6.1.2 Wild and out vibe shall not be liable, in any manner whatsoever, for
any damage, loss or liability that resulted from the use of such
content by such person or any third party.

6.2 Hyperlinks to the Wild and out vibe web site from any other source shall be
directed at the home page of the Wild and out vibe web site. Wild and out
vibe shall not be liable, in any manner whatsoever, for any damage, loss or
liability that resulted from the use of content from the Wild and out vibe

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web site, if such content was accessed through a hyperlink not directed at
the home page of the Wild and out vibe web site. Persons that wish to link
to content beyond the home page of the Wild and out vibe web site shall
do so at their own risk and herein undertake to indemnify Wild and out
vibe against any loss, liability or damage that may result from content on
the Wild and out vibe web site, if such content was accessed through a
hyperlink not directed at the home page of the web site.

6.3 Wild and out vibe shall not in any way be liable for deep linking because
deep linking bypasses these terms and conditions an Wild and out vibe can
therefore not be held responsible.

7. CHANGES TO THIS DOCUMENT AND TO THE WILD AND OUT VIBE WEBSITE

Wild and out vibe hereby reserves the right, in its sole discretion, to, at any time,
and without prior notice, change these terms and conditions; change the content
and/or services available from the Wild and out vibe web site; discontinue any
section or part of the Wild and out vibe site or service(s) available from the web
site; and/or change the software and hardware required to access and use the
Wild and out vibe web site.

8 INFORMATION OF USERS

8.1 Where any information has been made available to Wild and out vibe by
the User, Wild and out vibe may electronically collect, store and use the
following personal information of Users:

name and surname; birth date; gender; country and/or city of residence;
click patterns and frequency of site visits; e-mail address; and IP address.

8.2 Wild and out vibe may collect, maintain, save, compile, share, disclose and
sell any information collected from Users but such use shall be subject to
the following:

8.2.1 Wild and out vibe shall not disclose personal information from Users
unless the User consents thereto, or where it is through due legal
process; and

8.2.2 Wild and out vibe may compile, use and share any information that
does not relate to any specific individual.

8.3 Wild and out vibe owns and retains all rights to non-personal statistical
information collected and compiled by Wild and out vibe.

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9. THIRD PARTY ADVERTISERS, HYPERLINKS TO THIRD PARTY SITES AND
REFERENCES TO THIRD PARTY NEWS AND INFORMATION

As noted above, Wild and out vibe permits the advertising on its web site from
third party advertisers. Wild and out vibe may also provide hyperlinks to web sites
not controlled by it and such links do not in any way imply any agreement on,
endorsement or support for the content of such sites. Because Wild and out vibe
does not control the editorial content of such third party advertising or sites, it
shall not be liable, in any manner whatsoever, for the access to, inability to access
or in respect of content available in advertisements and through these other sites.

10. SECURITY OF CONTENT AND INFORMATION

10.1 Wild and out vibe shall take all reasonable steps to secure the content of
the Wild and out vibe website and any information provided by and
collected from Users from unauthorised access and/or disclosure.
Notwithstanding this however, Wild and out vibe does not make any
warranties or representations that content shall be entirely safe and secure
and shall not be liable in this regard.

10.2 Users may not deliver or attempt to deliver, whether on purpose or


negligently, any damaging code, such as computer viruses, to the Wild and
out vibe web site or the server and computer network that support the Wild
and out vibe web site. Any person who delivers any damaging code to the
Wild and out vibe web site, whether on purpose or negligently, shall,
without any limitation, indemnify and hold Wild and out vibe harmless
against any and all liability, damages and losses which Wild and out vibe
and its members and related parties (affiliates) may suffer as a result of
such damaging code. This does not in any way limit 2oceansvibe’s right to
bring criminal action against such person/s.

11. LIMITATION OF LIABILITY

11.1 Wild and out vibe (including its owners, employees, network operators,
partners, affiliates, suppliers, third party advertisers and agents) shall not
be liable for any damage, loss or liability of any nature incurred by
whomever and resulting from, including but not limited to: access to the
Wild and out vibe web site or access to web sites linked to the Wild and out
vibe web site, or from an inability to access the Wild and out vibe web site
or any of its linked sites, or from content and/or services available on the
Wild and out vibe web site.

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11.2 All writing on the Wild and out vibe web site which describes individuals or
depicts certain public or private personalities is simply the opinion of Wild
and out vibe and does not purport to be factual report or finding on any
such person. Furthermore, Wild and out vibe intends to be humorous when
describing certain persons and in no way intends to cause harm of any kind
to any such person/s. Wild and out vibe shall therefore not be liable for
defamation, slander, personality infringement or related causes of action in
South Africa.

11.3 Wild and out vibe shall not, as far as allowed by South African law, be liable
for defamation, libel, slander, privacy infringement, personality
infringement or copyright infringement, in whatsoever format, outside the
borders of the Republic of South Africa.

11.4 Wild and out vibe also sources content from various third parties e.g.
newspapers, news web sites, news and personal blogs and freelance writers
and therefore does not editorially control the content provided by any such
third parties. In this regard, Wild and out vibe only serves as an electronic
distributor of such third party content. Therefore Wild and out vibe shall not
be liable, in any manner whatsoever for defamation, privacy infringement,
personality infringement or copyright infringement related to content on the
Wild and out vibe web site not created by Wild and out vibe itself.

12. APPLICABLE AND GOVERNING LAW

The Wild and out vibe web site is hosted, controlled and operated from the
Republic of South Africa and therefore the South African law as enforced by the
South African courts governs the use or inability to use the Wild and out vibe web
site, its content, services as well as these terms and conditions.

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