Terms and Conditions


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These terms of service are in effect as of 22 December 2022, and are subject to change over time. If you have feedback, message @wogan@mastodon.africa or email wogan@protocol7.co.za

Welcome to Mastodon Africa!. The information provided on this website is for general informational and educational purposes only. Any reference in this document to “we”, “Mastodon.Africa” or “Protocol 7” must be understood to refer to Protocol Seven Ventures (Pty) Ltd with registration number 2019/599045/07. It is your obligation to peruse the terms and conditions as set out herein below before using this service. By accessing and using this site, you acknowledge that you have read and understood the terms and conditions and that you agree thereto. Kindly exit this service immediately should you not agree with the terms and conditions.

1. DESCRIPTION OF SERVICE OFFERED ON THIS SERVICE AND CONTENT POLICY

1.1 Mastodon.Africa is an innovative platform for online social media. We provide a platform where our users who comply with these terms and conditions can upload and post text, images and other media (“content”) on to our service, for distribution to other users of Mastodon.Africa, and for distribution to the wider “federated universe” (Fediverse) of social media platforms.

1.2 Mastodon.Africa is not responsible for any advertisements, comments, offerings, user postings, images, photographs, videos, sound clips, directory information, business listings/information, any products of a digital nature sold by users on this service, or any other materials made available through this service, or any messages between users, including without limitation, e-mails or chats or other means of electronic communication (all of the aforementioned is hereinafter referred to as “content”), whether accessed or exchanged through the service or other third party websites. By using the service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows and subject to clause 7: (i) you are responsible for, must evaluate, and bear all risks associated with the use of any content; (ii) you may not rely on any content; and (iii) under no circumstances will Mastodon.Africa be liable in any way for the content or for any loss or damage of any kind incurred as a result of the browsing, using or reading of any content listed, e-mailed or otherwise made available via the service. Mastodon.Africa is not obliged to pre-screen or approve any content, but Mastodon.Africa has the right, in its sole and absolute discretion, to refuse, delete or move any content that is or may be available through the service, for violating these terms and conditions where such violation is brought to Mastodon.Africa’s knowledge. Furthermore, the website and content available through the service may contain links to third party websites which are completely unrelated to Mastodon.Africa. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies. As far as the law allows, and subject to clause 9, Mastodon.Africa makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such third party websites, and your linking to any other websites is, as far as the law allows and subject to clause 7, completely at your own risk and Mastodon.Africa will not be liable in any way for your link to such other websites.

1.3 As far as the law allows, and subject to clause 7, you are solely responsible for your own content posted on, transmitted through, or linked from the service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all content that you upload, email or otherwise make available via the service. In connection with such content posted on, transmitted through, or linked from the service by you, you affirm, acknowledge, represent, warrant and undertake that: (i) you own or have and shall continue to, for such time the content is available on the website, have the necessary licenses, rights, consents, and permissions to use such content on the service and website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such content) and authorise Mastodon.Africa to use such content to enable inclusion and use of the content in the manner contemplated by the service, the website and these terms and conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the content in the manner contemplated by the service and these terms and conditions.

1.4 For clarity, you retain all of your ownership rights in your content; however, by submitting any content on the website, you hereby grant to Mastodon.Africa an irrevocable, non-cancellable, perpetual, non-exclusive, royalty-free, sub-licensable transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the service and Mastodon.Africa’s (and its successors’) business, including, without limitation, for the purpose of promoting and redistributing part or all of the service and content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Mastodon.Africa in order to host and display your content.

1.5 You also hereby grant each user of the service a non-exclusive license to access your content through the service, which licence excludes, amongst other things, scraping of content and any other possible use for commercial purposes. The license you have granted to each user in terms of this section terminates once you or Mastodon.Africa remove or delete such content from the service.

1.6 By you posting content to any public area of the service, you agree to and do hereby grant to Mastodon.Africa all rights necessary to (i) prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the service by any party for any purpose which contravenes these terms and conditions; and (ii) to enforce, on your behalf all rights you may have in the content against any infringement by a third party. These rights are perpetual and cannot be revoked by you.

1.7 Mastodon.Africa does not endorse any content or any opinion, statement, recommendation, or advice expressed in the content, and, as far as the law allows, and subject to clause 7, Mastodon.Africa expressly disclaims any and all liability in connection with content. Mastodon.Africa does not permit copyright infringing activities and infringement of intellectual property rights on the service, and Mastodon.Africa may, at its sole discretion, remove any infringing content or which it may consider to be infringing. Mastodon.Africa reserves the right to remove any content without prior notice. Mastodon.Africa may also terminate a user’s access to the service, if they are determined to be a repeat infringer or found to be engaging in any act contrary to these terms and conditions. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the service more than twice. Further, at its sole discretion, Mastodon.Africa reserves the right to decide whether any content is appropriate and complies with these terms and conditions.

2. IMPERMISSABLE CONDUCT BY USERS OF THIS WEBSITE

2.1 You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the service, or otherwise make available content:

2.2 You furthermore agree not to:

2.3 Any content uploaded by you shall be subject to relevant laws and may be disabled and may be subject to investigation under applicable laws. Furthermore, if you are found to be in non-compliance with the laws and regulations or these terms and conditions, we may terminate your account/block your access to the service and we reserve the right to remove any non-compliant content uploaded by you.

3. NOTIFICATION OF CONTENT INFRINGING ON RIGHTS

If you are an owner of intellectual property rights, or an agent who is fully authorised to act on behalf of the owner of intellectual property rights, and believe that any content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Mastodon.Africa together with a request to Mastodon.Africa to delete the relevant content in good faith. The notification and the request must contain the following information:

Notifications must be sent to wogan@protocol7.co.za

4. GOVERNING LAW

This website is governed by the laws of the Republic of South Africa.

5. VARIATION

Mastodon.Africa may, in its sole discretion, change this agreement or any part thereof at any time without notice. It is thus important that you refer back to this “terms and conditions” page regularly in order to stay informed of any changes.

6. NO WARRANTIES

Mastodon.Africa will use reasonable efforts to include accurate and up-to-date information on this website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. Mastodon.Africa also does not make any warranties as to the availability of this service at any time. Kindly note that nothing on this service constitutes, or is meant to constitute, advice of any kind. You should consult an appropriate professional to obtain advice relating to any legal, financial or any other subject matter.

7. INDEMNIFICATION AND LIMITATION OF LIABILITY

7.1 INDEMNIFICATION AGAINST THIRD PARTIES

You hereby indemnify Mastodon.Africa against any damages suffered by any third party arising for the usage and/or malfunctioning of any product sold via the service.

7.2 NON-LIABILITY

Mastodon.Africa and its employees shall not be liable to you (whether under law of contract, law of delict or otherwise) for any damages suffered by you (whether such damages are indirect, special, consequential or otherwise) in relation to the contents of, the usage of, or the inability to use this website. Mastodon.Africa also does not accept liability for any damages to, or for any viruses that infect, your computer or mobile equipment as a result of using this website.

Mastodon.Africa and its employees will further also not be liable for any damages (whether such damages are indirect, special, consequential or otherwise) suffered as a result of the usage of the service.

Both this website and all content sold via it is thus used at your own risk and Mastodon.Africa does not accept any liability in this regard.

8. PRIVACY

Mastodon.Africa shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

Protocol Seven Ventures (Pty) Ltd, the legal entity behind Mastodon.Africa, respects your privacy. This privacy policy describes the personal information Mastodon.Africa collects about you on this service and how such information is used and protected by Mastodon.Africa.

By continuing to use this website you agree to our terms and conditions, privacy policy and that we may “collect, collate, process and/or store” your personal information for, amongst other things, (i) the purposes of providing you with access to the service and the service content; and (ii) for any of the purposes listed in this website.

8.1 INFORMATION WE COLLECT AND USE

We collect personal information you choose to provide through registrations, applications and surveys, and in connection with your enquiries. We can also collect information about you automatically through your use of this website such as, for example, your IP address.

8.2 HOW WE USE PERSONAL INFORMATION

We may use your personal information to respond to your enquiries and provide the products you request. We also use your information to deliver the content and services we believe you will find the most relevant.

8.3 COOKIES AND OTHER TOOLS

Mastodon.Africa and its business partners collect information about you by using cookies, tracking pixels and other technologies (collectively, “Tools”). We use this information to better understand, customize and improve user experience with our website and offerings. If you have provided us with personal information through a registration or a request for certain products, we may associate this personal information with information gathered through the Tools.

Further as part of the Tools, we may use other tracking systems like pixel-tags. Pixel tags, sometimes called web beacons, are similar in function to cookies but because of their insignificant size, they are not visible. However, they are used to pass certain information to our servers which could be used to personalize our website. In addition, we may also use pixel tags in our HTML based emails.

In addition, certain third parties may deliver cookies to your computer for a variety of reasons. For example, we sometimes use Google Analytics which is a web analytics tool that help us understand how visitors engage with our website. Any third-party links or advertising on our website may also use cookies. You may receive these cookies by clicking on the link to the third-party site or advertising. We do not control the collection or use of information by these third parties, and these third-party cookies are not subject to this Privacy Policy. You should contact these companies directly if you have any questions about their collection and/or use of information.

Your web browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognize you when you return to the service, and some service functionality may be lost.

8.4 UPDATES TO OUR PRIVACY POLICY Mastodon.Africa may without any notice to you update or change this privacy policy. Any changes will be effective immediately upon the posting of the revised privacy policy. This privacy policy was updated as of the effective date listed above.

9. THIRD PARTY WEB SITES AND LINKS

This website may contain links or references to other websites maintained by third parties over whom Mastodon.Africa has no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third party links over whom Mastodon.Africa has no control. Mastodon.Africa makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Mastodon.Africa.

Also, please be aware that the security and privacy policies on these websites may be different than Mastodon.Africa’s policies, so please read third party privacy and security policies closely.

If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.

10. COPYRIGHTS

The entire contents of this website are subject to copyright protection. Mastodon.Africa is protected by South African copy right and trademark laws, as well as the common law. The contents of this website, including all images, logos and phrases, may not for any reason be copied, reproduced, modified, displayed, republished or otherwise distributed in any medium whatsoever without the express written consent of Mastodon.Africa.

11. SEVERABILITY

If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

12. ENTIRE AREEMENT

These terms and conditions constitute the entire agreement between you and Mastodon.Africa in relation to your use of this service and/or the content distributed via the service.

13. ADDRESS AND CONTACT DETAILS

Mastodon.Africa’s physical address is located at 1 De Beers Avenue, Somerset West, Western Cape, which address it also chooses as the address where it will accept service of all legal documents.

Mastodon.Africa’s postal address is 1 De Beers Avenue, Somerset West, Western Cape, 7130.

Mastodon.Africa can be contacted telephonically at 061 508 3602.

14. DISPUTE RESOLUTION AND COMPLAINTS

Mastodon.Africa does not currently subscribe to any alternative dispute resolution code.

Any complaints regarding our service, the use of the platform, or content distributed via this service can be emailed to the service administrator at wogan@protocol7.co.za