PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2024-08-29
1. Overview
This Terms of Service Agreement (“Agreement”) is entered into by and between K C RELICS PTY LTD (“Company”) and you, and is effective as of the date you use this website https://cravejunkie.com (“Site”) or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of https://cravejunkie.com and the products and/or services purchased or accessed through this Site (the “Services”). Whether you are simply browsing, using this Site, or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement and our Privacy Policy. The terms “we,” “us,” or “our” refer to the Company. The terms “you,” “your,” “User,” or “customer” refer to any individual or entity who accepts this Agreement, uses our Site, or accesses or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The Company may, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements incorporated herein at any time. Such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. Eligibility
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not barred from purchasing or receiving the Services under the laws of South Africa or other applicable jurisdictions.
If you are entering into this Agreement on behalf of a company or corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If, after your electronic acceptance of this Agreement, the Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.
3. Rules of User Conduct
By using this Site, you acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
You will not use this Site in a manner that:
- Is illegal or promotes or encourages illegal activity;
- Promotes, encourages, or engages in child pornography or the exploitation of children;
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages, or engages in spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to use many resources, disrupt, damage, or limit the functionality of any software or hardware.
You will not:
- Copy or distribute in any medium any part of this Site, except where expressly authorized by the Company;
- Copy or duplicate this Terms of Services agreement;
- Modify or alter any part of this Site or its related technologies;
- Access the Company’s Content or User Content through any technology or means other than through this Site itself.
4. Intellectual Property
In addition to the general rules above, the provisions in this Section apply specifically to your use of Company’s Content posted to the Site. Company’s Content on this Site, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features, and the trademarks, service marks, and logos contained therein (“Company’s Content”), are owned by or licensed to K C RELICS PTY LTD in perpetuity and are subject to copyright, trademark, and/or patent protection.
Company’s Content is provided to you “as is,” “as available,” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
5. Your Use of User Content
Some features of this Site may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site, you represent and warrant to the Company that (i) you have all necessary rights to distribute User Content via this Site or the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable, or otherwise interfere with the security-related features of this Site or enforce limitations on the use of this Site, the Company’s Content, or the User Content therein.
6. Company’s Use of User Content
With respect to User Submissions, you acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate the Company to treat your User Submissions as confidential or secret.
- The Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or anyone else for any intentional or unintentional use of your User Submissions.
The Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.
With respect to User Content, by posting or publishing User Content to this Site, you authorize the Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also grant each User of this Site a non-exclusive license to access your User Content through this Site and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.
The licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. The Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The licenses granted by you in your User Content are perpetual and irrevocable.
The Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Company may remove any item of User Content if it violates this Agreement, at any time and without prior notice.
7. Disclaimer of Representations and Warranties
You specifically acknowledge and agree that your use of this Site shall be at your own risk and that this Site is provided “as is,” “as available,” and “with all faults.” The Company, its officers, directors, employees, agents, disclaim all warranties, statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. The Company makes no representations or warranties about (i) the accuracy, completeness, or content of this Site, (ii) the accuracy, completeness, or content of any sites linked to this Site, and/or (iii) the Services found at this Site or any sites linked to this Site, and the Company assumes no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by the Company, its officers, directors, employees, or agents shall create a warranty, and you should not rely on any such information or advice.
8. Limitation of Liability
To the fullest extent permitted by applicable law, you agree that the Company, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from (i) your use of this Site, (ii) any interruption in or error in this Site, (iii) any failure of this Site to meet your expectations, or (iv) any reliance on any information obtained from or through this Site. This limitation of liability shall apply regardless of the legal theory under which any claim is brought.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorneys’ fees and costs, arising out of or related to your use of this Site, your User Content, your violation of this Agreement, or your violation of any rights of another party.
10. Termination
The Company may terminate or suspend your access to this Site and/or the Services at any time, with or without cause, and with or without notice, effective immediately. Upon termination, you must cease all use of this Site and the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Dispute Resolution
This Agreement and any disputes arising out of or related to this Site or the Services shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflicts of law principles. Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa. The arbitration proceedings shall be conducted in English, and the arbitration award shall be final and binding on both parties.
12. Miscellaneous
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
- Assignment: This Agreement may not be assigned by you without the prior written consent of the Company. The Company may assign this Agreement without restriction.
13. Contact Information
For any questions or concerns about this Agreement or the Site, please contact us at:
K C RELICS PTY LTD
https://cravejunkie.com