Terms of Service

ACCEPTANCE OF TERMS

Welcome to the www.wixel.net website (Wixel) which is provided by Wixel Design cc (Wixel). These Terms of Service (“Agreement”) contain the terms and conditions that govern the use of website and the Wixel service and describes your rights and responsibilities. Use of Wixel constitutes your acceptance of this Agreement, which may be revised by Wixel, without notice to you and, by using this site subsequent to any revision of the Agreement; you agree to be bound by such changes. If you find the use of this Agreement to be unacceptable, you must immediately terminate your use of this website.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Wixel, or (b) you are a person barred from receiving the services of Wixel under the laws of South Africa or other countries including the country in which you are resident or from which you use the Services.

OWNERSHIP

The contents of our Sites are intended for the personal, noncommercial use of our users. The Wixel website is a division of Wixel Design CC. All rights, title and interest to the content displayed on Wixel, including but not limited to the websites’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Wixel, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by Wixel, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the website or any Content (including without limitation any software) available through the websites.

SERVICE DESCRIPTION

Wixel provides users with a number of Internet-based services throughout the Website with access to a rich collection of resources, including forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Wixel to provide the Service. You also understand and agree that the Service may include certain communications from Wixel, such as service announcements, administrative messages and the Wixel Newsletter, and that these communications are considered part of Wixel membership and that you will be able to unsubscribe at any time. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Wixel properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”.

Wixel assumes no responsibility for the timeliness, deletion, non delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

REGISTRATION OBLIGATION

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wixel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wixel has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS

Wixel encourages you to use discretion when browsing the Internet or using the Site. Wixel makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of (i) any third party content posted on the Site, (ii) hyperlinks to third party Web sites outside of the Site, or (iii) any content posted on third party Web sites. Wixel has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites’ content. Your use of any other Web sites is at your own risk, and you must evaluate and bear all risks associated with the use of any such sites. Under no circumstances will Wixel be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted, emailed or otherwise made available through the Site. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, objectionable, or otherwise inappropriate, especially for children.

PRIVACY POLICY

The information that we obtain through your use of any of our Sites, whether through the registration process or otherwise, is subject to the privacy policy posted on such site (“Privacy Policy”). The Wixel privacy policy is here. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use our Sites. If you are unwilling to accept the terms and conditions of the applicable Privacy Policy, please do not use our Sites. Your use of each site is also subject to the other policies, disclaimers and guidelines we post on such sites from time to time.

PASSWORD AND SECURITY OBLIGATIONS – MEMBER ACCOUNT

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wixel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wixel cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

ACCEPTABLE AND LAWFUL USE OF SITE

You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Wixel or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone’s intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Wixel reserves the right to edit or remove content that violates this Agreement or that contains unauthorized third-party commercial advertisements.

You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Wixel or someone else, or spoof Wixel’s or someone else’s identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Wixel reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

You agree to not (i) use any method to intercept or expropriate any system data or information from the Site without the express written permission of Wixel; or (ii) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Site web pages or the content contained herein without the prior express written permission by Wixel.

Wixel does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wixel be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to NOT use the Service to:

  1. Upload, post, email, transmit or otherwise make available any:
  2. Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  4. Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. Unsliicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of sliicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Pliicy);
  7. Harm minors in any way;
  8. Impersonate any person or entity, including, but not limited to, a Wixel official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  10. Disrupt the normal flow of dialogue, cause a screen to “scrlil” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  11. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, pliicies or regulations of networks connected to the Service;
  12. Intentionally or unintentionally viliate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
  13. “Stalk” or otherwise harass another; and/or
  14. Clilect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Wixel may or may not pre-screen Content, but that Wixel and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Wixel and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wixel or submitted to Wixel, including without limitation information in Wixel Forums and in all other parts of the Service.

You acknowledge, consent and agree that Wixel may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Wixel, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Wixel and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

ADVANCED FEATURES

As the Site uses advanced Internet browser techniques and technologies, use of the Site may involve additional security risks to your computer. One technology used to speed up your browsing experience involves retrieval of webpage content in the background while you are using the Site. This technique is similar to you opening multiple pages; as this happens automatically, however, the Site may retrieve webpage content that you did not request, and store it in your browser’s cache. As when you open any webpage in your browser, you may be subject to third party code executed by such webpage, including pop-ups, pop-unders, misleading content, adult content, malicious code, and other similar devices. To minimize these risks, you should keep your computer up to date with all operating system and browser updates, and run suitable virus and firewall protection. You understand and agree however, that any use of the Internet involves some risk to your computer and data, and you agree that Wixel shall in no event be responsible for any third party content or code retrieved via the Site (including content retrieved into your browser’s cache).

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Wixel does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Wixel the following worldwide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of Wixel Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Wixel Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Wixel removes such Content from the Service.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Wixel Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Wixel removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the Wixel network of properties that are intended by Wixel to be available to the general public.

CONTRIBUTIONS TO WIXEL

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Wixel through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Wixel is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Wixel shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Wixel may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Wixel without any obligation of Wixel to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Wixel under any circumstances.

INDEMNITY

You agree to indemnify and hold Wixel and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wixel USER and/or ID), use of the Service, or access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Wixel may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Wixel’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Wixel has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Wixel reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wixel reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE

Wixel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wixel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that Wixel may, under certain circumstances and without prior notice, immediately terminate your Wixel account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Wixel account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Wixel’s sole discretion and that Wixel shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wixel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS TO OTHER WEBSITES

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wixel has no control over such sites and resources, you acknowledge and agree that Wixel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wixel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

WIXEL’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Wixel or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Wixel grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wixel for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Wixel and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Wixel and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Wixel or through or from the service shall create any warranty not expressly stated in the Terms of Service.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

Limitation of liability

You expressly understand and agree that Wixel and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Wixel has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.

Special admonition for services relating to financial matters

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Wixel and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.

TRADEMARK INFORMATION

Wixel, Wixel Design, Wixel logo, trademarks and service marks and other Wixel logos and product and service names are trademarks of Wixel Design CC. (the “Wixel Marks”). Without Wixel’s prior permission, you agree not to display or use in any manner the Wixel Marks.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Wixel respects the intellectual property of others, and we ask our users to do the same. Wixel may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email team@wixel.net the following information:

    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    a description of the copyrighted work or other intellectual property that you claim has been infringed;
    a description of where the material that you claim is infringing is located on the site;
    your address, telephone number, and email address;
    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

GENERAL INFORMATION

Entire Agreement.

The Terms of Service constitutes the entire agreement between you and Wixel and governs your use of the Service, superseding any prior agreements between you and Wixel with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wixel services, affiliate services, third-party content or third-party software.

Choice of Law and Forum.

The Terms of Service and the relationship between you and Wixel shall be governed by the laws of Southern Africa without regard to its conflict of law provisions. You and Wixel agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.

Waiver and Severability of Terms.

The failure of Wixel to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

No Right of Survivorship and Non-Transferability.

You agree that your Wixel account is non-transferable and any rights to your Wixel ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one six months after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the Terms of Service to our Team.

Effective Date : 1 December 2010