Terms of Agreement
Language and Interpretation: The original of this Agreement was written and exists in English(US). This English version shall prevail should any translated version conflict with this Agreement or parts thereof or be rendered ambiguous as a result of such translation.
Definitions:
- wotz-it-worth and the wotz-it-worth website means the features and services that are offered to you via:- i) the wotz-it-worth's website accessible at www.wotzitworth.com and any other branded or co-branded websites including, inter alia but not limited to, sub-domains, international versions, widgets and mobile versions; ii) the wotz-it-worth's Platform; iii) marketing and social Plug-ins such as 'Like', 'Share', 'Add', 'Post' or any other such buttons; iv) all other software, toolbars, networks, media or any devices, similar or disparate, at present in existence or to be developed in the future.
- Platform means a set of APIs and services that allows third parties such as individuals, legal entities, marketers, Application developers and website operators to interact with, retrieve data from or provide data to wotz-it-worth .
- Application means anything that uses or accesses a Platform including anything that has received, receives or will receive data from wotz-it-worth.
- Data means the information and content that third parties can retrieve from or provide to wotz-it-worth via the Platform.
- Information means facts, feelings, opinions, knowledge, beliefs and actions of both a subjective and objective nature that you have or that you exercise.
- Content means anything that may be posted on wotz-it-worth that is not included in the definition of 'Information' above.
- Post means any action on your part that interacts with or makes any data, information or content available to wotz-it-worth.
- Use means to conduct, manage, handle, perform, employ, exploit, display, operate, develop, alter, modify, copy, distribute, create derivative works, translate or in any way perform an action that interacts with or involves wotz-it-worth.
- Active registered user means someone who has logged into the wotz-it-worth website at least once within a period of 60 days.
Preamble:
It is an incontrovertible presumption that any user of the wotz-it-worth website has read and familiarized himself/herself with all the terms in this Agreement prior to any interaction with the wotz-it-worth website.
Revision:
The original of this Agreement is effective from January 04, 2011. Any revision hereto will state clearly the date of such revision.
Statement of Rights and Responsibilities: Your usage, accessing of and/or any form of interaction with the wotz-it-worth website and/or any oral, printed or electronic usage of wotz-it-worth or any of its trademarks, logos, copyrights, patents or intellectual property in any form shall be governed by the various rights and responsibilities of this Agreement.
Cookies and Tracking Technology: Cookies are tiny bits of data that are stored on your computer, mobile phone or other electronic devices. Their multi-function is to protect both you and wotz-it-worth, facilitate and simplify your usage of and interaction with wotz-it-worth and to improve advertising on the wotz-it-worth website. Although cookies and tracking technology cannot collect personal information per se, they may be used to store your login information (with the exception of your password) in order to facilitate your subsequent usage of the wotz-it-worth website. They are used also to confirm your login status and that you are interacting with wotz-it-worth's Platform Applications, websites, wotz-it-worth's widgets, share buttons and advertisements. Information related to browser types and operating systems, customizing a website, recording the number of hits on a website, the operation of a website and any interaction with a website can utilize cookies and tracking technology. Third parties may share parts of or the totality of such information. If you should choose, accessing the settings in your browser will enable you, at any time, to remove or block cookies. However, this may curtail your ability to make the fullest use of the wotz-it-worth website
Privacy Policy
Privacy Policy Between wotz-it-worth and Yourself:
- The preservation of your privacy is of paramount importance to wotz-it-worth;
- wotz-it-worth shall publicize only those disclosures which, by interpretation based on your interaction with wotz-it-worth, are indicative of being intended for the public domain and public consumption;
- All other personal information shall be kept confidential;
- Where usage of Applications involves the sharing of content and information, wotz-it-worth will require that such Applications respect your privacy;
- Violation of this Agreement or any part thereof shall result in your account being disabled;
- Should you create risk intentionally or inadvertently to or for the wotz-it-worth website, its patents, logos, slogans, copyrights or any other form of intellectual property or in any other way jeopardize its function, your account shall be disabled immediately;
- Should you create possible legal exposure or implications of a negative nature intentionally or inadvertently to or for the wotz-it-worth website, its patents, logos, slogans, copyrights or any other form of intellectual property, your account shall be disabled immediately;
- wotz-it-worth reserves the right to remove, delete and/or reclaim any content relating to your account if it is perceived as inappropriate such as, inter alia but not limited to, the infringement of or it being too close in similarity, meaning or interpretation to the registered trademark , copyright or intellectual property of a third party. Should such removal, deletion and/or reclaiming of any such content be challenged by you, you shall have the right to submit support for your challenge for arbitration to an arbiter the appointment of whom both parties are in agreement.
Privacy Policy Between Yourself and Third Parties:
- wotz-it-worth insists that you respect the rights of third parties in the same manner and spirit that wotz-it-worth preserves your privacy;
- Repeated infringement of the intellectual property rights of third parties shall result in your account being disabled;
- Violation of the rights of third parties or the posting of illegal content shall result in your account being disabled;
- You will not post any documents of identification of third parties on wotz-it-worth without prior consent from the relevant third parties;
IP Content
For any item or content that might be covered by intellectual property rights vested in yourself such as digital or printed photographs, videos, video clips and/or any form of the printed word, unrestricted, worldwide, royalty-free permission and licence is granted to wotz-it-worth instantaneously you access the website. Such permission and licence incorporates the right to sub-licence, transfer, collate, assimilate, analyse, extrapolate or use in any manner whatsoever such content as wotz-it-worth might deem fit. Deletion by you, either such as emptying the recycle bin or in any other manner whatsoever, of such content which already has entered the public domain does not compel wotz-it-worth to delete such content or prohibit wotz-it-worth from continuing to use such content subject to the proviso that your privacy is preserved pursuant to the Privacy Policy above. Should you wish such content to be withdrawn from the public domain, wotz-it-worth shall endeavour to comply with such request to the best of its ability but cannot be held responsible for not being able so to do nor for any repercussions resulting from such public communication. Once content has entered the public domain, it is assumed that it cannot be retracted therefrom and wotz-it-worth is absolved of any responsibility for such content or for failing to prevent further penetration of such content into the public domain. Feedback and suggestions concerning wotz-it-worth are always appreciated and your explicit and unreserved permission for wotz-it-worth to use such input without any obligation, compensation or restriction is hereby granted to wotz-it-worth.
Commitment
wotz-it-worth is not responsible for nor does it identify with any postings of any content via the wotz-it-worth website. You explicitly and without reservation agree that, on the wotz-it-worth website you will not post any:
- Illegal, malicious, intentionally misleading or discriminatory content;
- Pornographic, paedophilic, pederastic, gratuitous or graphic nude content;
- Hateful, racist, threatening or gratuitous violent content which might incite destruction or injury to other users;
- Blasphemous content;
- Unauthorized commercial communications such as, inter alia but not limited to, spam;
- Illegal business schemes such as, inter alia but not limited to, multi-level marketing or pyramid marketing;
- Malicious content such as, inter alia but not limited to, potentially destructive or debilitating viruses;
Nor shall you:
- Offer any promotion such as, inter alia but not limited to, alcohol, tobacco or any such related products or any such business enterprises;
- Solicit private and confidential information belonging to someone other than yourself without that party's explicit permission such as, inter alia but not limited to, login information or account access;
- Access other users' content or information without that user's explicit permission by employing automated methods such as, inter alia but not limited to, spiders, scrapers, robots or harvesting bots;
- Tag users nor send invitations to non-users per electronic mail without their prior permission;
- Intimidate, use illegal methods of persuasion, threaten, harass or abuse any other user;
- Create, develop or operate third-party Applications which contain alcohol related or other age restricted matter without publicizing the respective age based restrictions;
- Create, develop, operate or offer any promotion such as, inter alia but not limited to, contests, free prizes, giveaways or sweepstakes without the explicit written permission of wotz-it-worth;
- Be party to anything that has the potential of impairing, enfeebling, debilitating, disabling or overburdening the efficient operation of the wotz-it-worth website such as, inter alia but not limited to, a denial of service attack;
Registration and Security
On the wotz-it-worth website, you explicitly agree to be liable for any third party usage of your authorized account by yourselves. You further explicitly agree not to:
- Enter any false personal information;
- Allow your contact information to lapse or become inaccurate;
- Act in any manner that might jeopardize the security of your account;
- Interact on any level if you are a convicted sex offender such as, inter alia but not limited to, a paedophile or pederast;
- Interact on any level if you are under 13 years of age without the written permission of at least one of your parents or legal guardian;
Without obtaining prior written permission from wotz-it-worth, you explicitly agree not to:
- Operate in contravention of any terms or clauses of this Agreement;
- Create more than one personal account;
- Create an account for a third party without permission from that third party;
- Share your password with or transfer your account to a third party;
- Transfer your account to a third party;
- Disable or delete your account and create another account;
- Use your account or part thereof, inter alia but not limited to, your personal information or profile for your own commercial gain;
- Use any of wotz-it-worth's trademarks, copyrights or intellectual property or any similar marks that might raise confusion because of its similarity to any of the above.
Additional Provisions Applicable to Websites with Share Link Buttons and Plugins: Bilateral permission is assumed so that users may use the wotz-it-worth Share Link button and Plugin to post links or content from your website and vice versa. You are prohibited from placing a Share Link button and Plugin on any page whatsoever that might contain or refer to content that would violate or jeopardize wotz-it-worth.
Advertising and General Commercial Content
Advertisements or other commercial content on the wotz-it-worth website is of dual benefit to you:
- They provide financial resources to the wotz-it-worth website so that you may receive, post and interact with wotz-it-worth free of cost to yourself.
- They deliver valuable information regarding products, services, offerings and information to you whereof you may not have been aware had it not been for the wotz-it-worth website.
To this end, you may be requested to provide your profile information as well as additional information for a specific market research project or any other form of analysis. You would be under no obligation whatsoever to provide or withhold such information. Before any such information is used, analysed, collated, disseminated or distributed by wotz-it-worth, your explicit permission for such information to be divulged to third parties will be requested from you for each such assignment.
Agreements with Advertisers, Developers and Operators
Such Agreements will be in accordance with wotz-it-worth's terms and conditions pertaining thereto respectively
Amendments
At any stage, wotz-it-worth is at liberty to amend, alter, add to or in any other way change the terms of this Agreement for any purpose that wotz-it-worth may deem fit. Notice of such change shall be publicized in an 'Amendment To Terms Of Agreement' document which will appear in the 'Terms' section of the wotz-it-worth website. It is recommended that you access the abovementioned section at regular intervals to ascertain whether any changes have been made.
Mobile Communication
Such services are provided free of charge at present by wotz-it-worth. However, your service provider's tariffed rates and fees such as, inter alia but not limited to, text message fees, will be charged to you by your service provider. You agree to:
- Provide all necessary rights to enable wotz-it-worth users to synchronize their contact lists, via an Application or otherwise, with any information such as, inter alia but not limited to, your name and profile picture, that is available on the wotz-it-worth website.
- Supply wotz-it-worth with your latest or amended account information within 48 hours should you deactivate or change your mobile telephone number so as to ensure that messages intended for you are not sent to the new owner of your deactivated or changed number.
Developers and Operators of Platform Applications and Websites
The responsibility for your Application or Applications, the content thereof and any interaction with the wotz-it-worth Platform vests entirely in yourself and shall not implicate wotz-it-worth in any way whatsoever. Such Application will remain in effect and of force in the event that access to the wotz-it-worth Platform has ceased but all the relevant data has not yet been deleted. Such Application will cease subject to all the relevant data being deleted.
You explicitly and without reservation agree that with respect to wotz-it-worth:
- You will interact only through the API's, tools, Applications and protocols provided by wotz-it-worth and comply fully with the specific use intended for each of any of the aforementioned;
- Your Application is not exclusive or unique in that it wotz-it-worth may create Applications with similar features and services that may compete with your Application;
- You provide all rights to link to or frame your Application and consign content such as, inter alia but not limited to, advertisements around your Application;
- You will at all times provide customer support for your Application;
- Your Application, content and data may be audited and analyzed at any time for any purpose;
- Your request for data and the rights requisite for the usage or issuing of logos, slogans, codes, APIs, tools, press releases and other public statements will be limited to that which you will require to operate your Application or to any other limit that wotz-it-worth might deem adequate;
- Your Developer Application will include Privacy Policy interaction which clearly and comprehensively states the type and form of your intended user data and in what form this will be used, displayed, shared and transferred nor shall such interaction be employed or handled in any manner contrary to or inconsistent with the above;
- Your relationship with wotz-it-worth will not be misrepresented to third parties nor abused in any way whatsoever;
- You will formulate a policy pursuant to the Digital Millennium Copyright Act that empowers you to remove content that infringes on others' intellectual property and to terminate such offender/s relationship in the case of repeated infringement;
- You will comply with the Video Privacy Protection Act empowering you to obtain a user's consent in instances where such user interaction may be shared on the wotz-it-worth website;
- No user interaction received will be included in any advertising creative;
- No user data will be sold;
- Irrespective of permission from a user so to do, no data, directly or indirectly, will be transferred to any advertising network, exchange or other related toolset and/or data broker;
- You will comply with a user's request and provide the requisite mechanism affording such user the mechanism to register such request to delete any data pertaining to that user;
- You will comply with a user's request to withhold from wotz-it-worth any data independently collected by yourself should the user so desire;
- You will not impede, obstruct or refuse a user from exercising his option to remove or disconnect himself from your Application;
- You will not impede, obstruct or prevent a user from contacting you direct should he so desire;
- You will not sell, transfer or sublicense wotz-it-worth's code, API's, Applications, protocols or tools nor divulge in any way third party advertisements or commercial dealings to any other third party;
- You will delete user data should you use such data in any manner that wotz-it-worth might deem contrary to or inconsistent with the user's original intentions or expectations;
- You will obtain permission to continue with the usage of user data relating to your Application should you merge with or be acquired by a third party provided such data is not transferred beyond the scope of your Application;
- wotz-it-worth may publicise its relationship with you in any manner it may desire such as, inter alia but not limited to, press releases and wotz-it-worth may share your e-mail address with any users or third parties that wotz-it-worth may deem appropriate;
- wotz-it-worth does not guarantee that the wotz-it-worth Platform will always be available.
Termination
wotz-it-worth reserves the right to terminate your account without notice should any of the terms of this agreement be violated by yourself.
Disputes
The interpretation, construction and effect of this Agreement shall be governed and construed in all respects in accordance with the laws of South Africa and you hereby submit to the non-exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division). The said laws and jurisdiction shall prevail should any dispute, claim or litigation arise between yourself and wotz-it-worth. Should a third party institute a claim against wotz-it-worth arising from any action on your part or any content or information emanating from yourself, you will indemnify and hold wotz-it-worth harmless from and against any damages, losses, expenses or penalties of any kind whatsoever. Such indemnity shall include all reasonable legal fees and costs of any nature that might have been incurred as a result of such claim.
Limitation of wotz-it-worth's responsibilities
wotz-it-worth strives to ensure that the wotz-it-worth website always is available, bug-free and safe but cannot be held liable should this not be case either as a direct result of wotz-it-worth's actions or of any cause outside wotz-it-worth's control. wotz-it-worth , its directors, members, officers, employees, equity holders or authorised agents, individually or collectively, do not guarantee the safety and security of the website and cannot be held liable in any way for the actions, content, information or data of third parties. The abovementioned entities cannot be held liable in any way whatsoever for any claims or damages arising from any claim you may have against any third party. The wotz-it-worth website is made available as it stands without any express or implied warranties, inter alia but not limited to, implied warranties of marketability, efficacy for a specific purpose and non-infringement.
Mergers, acquisitions and sale of assets or equity: In the event of a sale of partial or the entire equity or assets of wotz-it-worth or in the event of an acquisition of or by another party of wotz-it-worth or in the event of a merger of wotz-it-worth with another entity, the rights, obligations and privileges conferred on wotz-it-worth by this Agreement are freely assignable by wotz-it-worth to another party by operation of law or otherwise.
General
Should any clause or part thereof of this Agreement prove to be unenforceable, all the other clauses and parts thereof will remain in full force and effect. Failure by omission or intent by wotz-it-worth to enforce any clause or part thereof of this Agreement shall in no way be construed as a waiver of wotz-it-worth's rights and privileges. Any amendment to, concession under or waiver of any clause or part thereof of this Agreement must be in writing and signed by a duly authorised representative of wotz-it-worth. You are precluded from transferring any rights or obligations conferred on you by this Agreement to any third party without the express consent in writing of wotz-it-worth. This Agreement does not confer, neither explicitly nor implicitly, any beneficiary rights on any third party. Without exception and at all times you will comply with all applicable laws when accessing the wotz-it-worth website.