Terms of Use

If you use Yoza then these Terms of Use apply to you. By using Yoza you agree that you are bound by them. Anyone who uses Yoza, is referred to as You in these Terms of Use

Using Yoza

1. You may access Yoza via mobile platforms such as Mxit another mobile platform or via http://yoza.mobi. Whatever means you use to get access to Yoza these Terms of Use apply to your use. By accessing Yoza by whatever means you agree to be bound by the Terms of Use. These Terms of Use are an agreement between you and the Shuttleworth Foundation (SF Advisors South Africa (Pty) Ltd).

2. You agree that in these Terms of Use Yoza refers to a collection of literature published by the Yoza Team and available via mobile platforms such as Mxitanother mobile platform or via http://yoza.mobi. The Yoza Team includes the Shuttleworth Foundation (SF Advisors South Africa (Pty) Ltd) of Unit 14, Canal Edge 4 Carl Cronje Drive, Tyger Waterfront, 7550; Shuttleworth Foundation Fellows, the Praekelt Foundation (incorporated in terms of section 21) of Unit 514A, 44 Stanley Ave, Milpark, Johannesburg, their partners, employees, agents, suppliers,heirs and assigns. In so far as these Terms of Use confer any benefits on persons not party to this agreement the Shuttleworth Foundation accepts the benefit on behalf of the persons so benefited. The acceptance is solely as a stipulatio alteri and does not create any partnership or agency between the person and the Shuttleworth Foundation.

3. To use Yoza you must be at least 14 years of age. If you are younger than 18 then by using Yoza you are representing that you have the consent of your parents or guardian to use Yoza, and to agree to these Terms of Use. If You do not have your parent or guardian's consent you may not use Yoza.

4. You may register to use Yoza on http://yoza.mobi. Registration allows you to make use of additional features that are available only to registered users. To register you must be at least 14 years of age. If you are younger than 18 then by registering on http://yoza.mobi you are representing that you have the consent of your parents or guardian to register on Yoza and to agree to these Terms of Use.

5. You agree that the Yoza Team may suspend any user, including You, who is not complying with the Terms of Use.

6. Entry into any Yoza competition is subject to these Terms of Use.
Privacy

7. If you register on Yoza then we cmay ollect the following information from You:
Your cellphone number,
Your username,
Your password,
Your gender,
Your year of birth,
Your email address (optional),
The province in which You are located.

8. You may not give your username and password to someone else to log on to your user account or to access the services using your user account. You may also not authorise a third person to log onto your user account on your behalf.

9. Whatever means you use to access Yoza, and whether or not you register on http://yoza.mobi then you agree that we may collect the following information
The make and model of the cellphone which you are using,
Your location when you use Yoza,
Your Mxit service name, Mxit nickname, Real Mxit ID and user profile on Mxit and the equivalent information from any other mobile service provider,
Your Internet protocol address ("IP address") ,
Your technical history of using Yoza,
and similar information.

10. If you submit entries to competitions, or writing for publication on Yoza then you may be disclosing personal information about yourself. If you make such disclosure then you agree that the Yoza team has no responsibility whatsoever to ensure that such details remain private but agree that You voluntary disclose such information. Yoza is not responsible for any harm your may suffer resulting from your failure to comply with this undertaking.

11. You agree not to post personal information, such as your telephone number, street address, age, or other contact details on the publicly accessible portions of Yoza, or in any other way so that it is accessible to other users.

12. Yoza shall only disclose your personal information to other people when it is necessary to render the services, including the award and public announcement of the award of prizes, if you have given permission or if the Yoza teams is entitled or required by entitled by law to access or communicate your personal information.

13. If you are younger than 18 you may not include personal information in entries to competitions, or writing for publication which would enable members of the public to identify or contact you. You may not disclose your name, identity number, date of birth, phone number, email address or other contact details to the public, although you may disclose this information to Yoza but only if it is requested by the Yoza Team. You must have a user name and nom de plume (name under which you write) that does not disclose your personal identity. Yoza is not responsible for any harm you may suffer resulting from your failure to comply with this undertaking.

14. The Yoza Team may use your personal information to make Yoza available to You, and to compile non-personal statistics about the use of Yoza for research purposes.

15. You agree that although the Yoza Team will take reasonable care to ensure that your privacy is protected the Yoza Team cannot guarantee your privacy.
16. You agree that the Yoza Team shall not be liable in any form or manner in relation to any action arising from the unauthorised use of Your personal information by the Yoza Team.

17. You agree that unless communication over the Internet has been encrypted that there is no prospect that it is secure. The Yoza Team does not encrypt your communication and you agree that the Yoza Team is not responsible for any unauthorised access to your communications. Due to the nature of the Internet and mobile services your communications may be transmitted through countries other than South Africa.

18. You are hereby informed, and you agree , that the Yoza Team may in so far as it is allowed by law, intercept any communication sent and received by yourself using the Yoza application or the services.

19. You understand that the Yoza Team need not notify you in the event that Yoza Team is required by law to monitor your communications and that, if required by law, it has to disclose such communications together with your personal information to the relevant law enforcing authority.
Publication

20. You may submit original writing, comments or reviews to Yoza for publication.

21. You agree that the Yoza Team has an absolute discretion whether or not to publish any content, and whether to withdraw it at any time.

22. Yoza draws on a wide variety of resources including people who work for or are connected to the Yoza Team through personal or business ties. Submissions are all treated on the same basis, on whether or not the Yoza Team, or the person assigned the task by the Yoza Team, deems the content suitable for publication. You agree that Yoza is entitled to draw from a wide variety of sources, including people associated with the Yoza Team and that such publication does not prejudice you in any way.

23. Whether people associated with the Yoza Team may submit entries to a competition depends on the specific details for that competition. For all competition, regardless of whether people associated with the Yoza Team are allowed to make submission the people who act as judges are independent and not required to choose on any criteria other than those set out in the competition conditions.

24. You agree that the Yoza Team doesn't undertake to store your submission for you, and that you are responsible to make and retain copies of all your submissions.

25. You agree that the Yoza Team can remove content which you have submitted and is not liable to provide the deleted copy of the content to you.
26. You agree that the Yoza Team has an absolute discretion to decide whether or not to publish any submission. You agree that the Yoza Team is not required to justify any decision whether or not to publish any content to You, nor is the Yoza Team required to communicate with You about it.

27. You agree that the Yoza Team is under not obligation whatsoever to publish any content which you may submit.

28. You agree not to make submissions which include profanity (swearing), or say anything which insults another person, or discriminates against someone on the basis of race or gender, or is sexually explicit, or gratuitously violent.

29. You agree that if you make submissions which include unlawfully sexually explicit content, or which may reasonably be construed as threats to safety or security of Yourself or other persons then the Yoza Team may notify appropriate authorities.

30. If you find writing, comment or reviews to be offensive then you can use the "Report this" feature and the comment, user profile, wall writing and message will be moderated, and removed, in the discretion of the moderator.

31. You agree that your comments or reviews may be moderated.

32. You agree that your comments or reviews may become unavailable while being moderated.

33. You agree that your comments may be removed or amended in the absolute untrammelled discretion of the moderator.

34. You agree that the Yoza Team is under no obligation to moderate and that moderation of comments, reviews and writing does not give rise to any expectation that the Yoza Team is responsible for contributions by user's in any way whatsoever.

35. You agree that the Yoza Team is under no obligation to censor submissions. In particular You agree that the decision whether content is suitable for publication, including whether it includes profanity (swearing), or says anything which insults another person, or discriminates against someone on the basis of race or gender, or is sexually explicit, or gratuitously violent is entirely within the judgement of the Yoza Team. You agree therefore that the Yoza Team is under no obligation to You to ensure that You do not find content on Yoza unsuitable or insulting, discriminatory or otherwise unsuitable.

Intellectual Property

36. Unless otherwise indicated, all "Yoza" marks displayed are subject to the trademark rights of the SF Advisors South Africa (Pty) Ltd, Shuttleworth Foundation Fellows or any Shuttleworth entity, and of Steve Vosloo.
37. All "Panya" and "Django-mxchat" marks are subject to the trademark rights of Praekelt Foundation (incorporated in terms of section 21).

38. The custom-developed software used by Yoza is Django-mxchat and is licensed under the Free BSD (Berkeley Software Distribution) license.

Free BSD Django-mxchat License: Use of Django-mxchat;

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 

THIS SOFTWARE IS PROVIDED BY THE YOZA TEAM ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FREEBSD PROJECT OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of the Yoza Team.

39. The copyright of all material (except computer programmes) on Yoza is licensed under a Creative Commons Attribution Share Alike 2.5 South Africa licence (http://creativecommons.org/licenses/by-sa/2.5/za/). That means that anyone is free to Share, and Remix the content as long as he or she attributes the author by stating the author's name, and attributes Yoza by stating "From Yoza" and by giving a link to http://yoza.mobi and if he or she alters, transforms, or builds upon this work, he or she must distribute the resulting work only under the same or similar license.

40. You may submit original writing to Yoza. If you are a publisher then You may submit original writing by authors whom you represent to Yoza. You must have rights to publish in all the world because Yoza is available in all the world.

41. To make a submission to Yoza you must either already hold the copyright yourself, for example because you have created the text. Your submission may include the work of others only if that work is in the public domain or under an open licence compatible with Creative Commons Attribution Share Alike 2.5 South Africa licence (http://creativecommons.org/licenses/by-sa/2.5/za/) or you make use of it under a copyright exception.

42. If you submit content under an open licence compatible with compatible with Creative Commons Attribution Share Alike 2.5 South Africa licence (http://creativecommons.org/licenses/by-sa/2.5/za/) in your submission then you must identify the content under the open licence, attribute appropriately and identify which licence applies. If you use content under an exception then you must attribute and comply with the other requirements of South African copyright law for that exceptional use.

43. You agree that appropriate attribution is the name of the writing, the name of the author and a link, either to the author's website or the website of a publisher who has rights to publish the author's work.

44. When you post something on Yoza to which you hold the copyright then you retain the copyright, but licence the content under a Creative Commons Attribution Share Alike 2.5 South Africa licence (http://creativecommons.org/licenses/by-sa/2.5/za/). That means that anyone is free to Share, and Remix the content, perpetually. You are not able to withdraw a Creative Commons license once it is granted.

45. The copyright clause above refers only to copyright and does not grant any rights over trademarks, brands, Uniform Resource Locators, patents, designs or other Intellectual Property. You are permitted to reproduce all intellectual property other than copyright material only to the extent necessary to use Yoza. If you remix the material under the Creative Commons licence you may not include any trademarks in your remix, or suggest the endorsement of any member of the Yoza Team. Use of Creative Commons trademarks shall be in accordance with the provisions of the Creative Commons licence dealing with Creative Commons trademarks.

General Competition Conditions

46. Entry into any Yoza Competition is governed by these Terms of Use, especially these general competitions conditions, as well as the conditions of the specific competition.

47. Specific conditions for any competition shall be interpreted to comply with these Terms of Use especially these general competition conditions.

48. Unless otherwise specified in the competition conditions you must submit original writing to a competition. For purposes of competitions "Original writing" means creative literary work that does not infringe the copyright of any other person. It includes creative reworking of public domain work, and derivative works which you are entitled to create using the work of others under Creative Commons Attribution or Creative Commons Attribution Share Alike Licences. If you make a submission to a Yoza competition then by so doing You represent that the submission is original writing as defined in these conditions, and does not infringe the copyright or similar rights of any other person.

49. You agree that Yoza reserves the right not to publish any submission to a competition and to disqualify any person from making submissions in its discretion.

50. You agree that you will not received any payment from Yoza for any competition submission.

51. You agree that the Yoza Team and the judges appointed the Yoza Team have an absolute discretion in awarding the prize or prizes and may choose not to award any prize. You agree that the Yoza Team is not required to communicate with You about any award. You agree that any communication which You might send about the award of a prize shall be regarded as a public communication, and as such may give rise to liability for defamation.

52. Specific competition conditions may refer to a thirty day consideration period . If specific competition conditions refer to a thirty day consideration period then by making a submission to that specific competition You grant Yoza a license for thirty days with the following conditions of the licence:

52.1. the licence shall endure for thirty days form the date on which you make the submission, for the avoidance of doubt the thirty days shall exclude the first but include the last;

52.2. during the thirty day consideration period You may not withdraw the work from consideration by Yoza;

52.3. at any time during the thirty day consideration period Yoza may publish the submission under a Creative Commons Attribution Share Alike 2.5 South Africa licence (http://creativecommons.org/licenses/by-sa/2.5/za/) or other license specified in the specifice competition conditions;

52.4. during the thirty day consideration period You may not transfer the copyright in the submission to any other person, nor may you grant another person an exclusive license to the copyright in the submission;

52.5. during the consideration period of thirty days you may submit any writing that is under consideration by Yoza to other websites, publishers, and publish it yourself, on terms such as all rights reserved or open licences, subject however to the consideration period licence granted to Yoza and to a Creative Commons Attribution Share Alike 2.5 South Africa license if the work is published by Yoza during the thirty days;

52.6. if Yoza does not publish the work within thirty days then you may deal with it without any restrictions from Yoza including transferring the copyright or granting an exclusive license;

52.7. Yoza is not required to advise you whether your submission has been accepted or not, instead you must consult Yoza or any other website specified in the specific competition conditions to see whether a particular piece of original writing has been published. You bear the risk of any problems which arise from your examination of the website.

Liability

53. You agree that while every reasonable effort is made to keep Yoza running smoothly the Yoza Team takes no responsibility for, and will not be liable for Yoza being temporarily unavailable due to technical issues beyond the control of the Yoza Team.

54. You agree that the information contained on Yoza is provided by the Yoza Team without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of fitness for any particular purpose, or non-infringement. Information may include errors or inaccuracies.

55. You agree to defend, indemnify and hold the Yoza Team harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from Your use of Yoza.

56. By using Yoza you are communicating that you understand that unauthorised use of Yoza or failure to adhere to these Terms of Use may give rise to Yoza instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.

57. You understand that Yoza may also include links to sites created and controlled by others on the World Wide Web or other networks. You agree that it is in the nature of the World Wide Web and similar networks for sites to link to other sites, and that these links are provided for Your convenience for the purposes of providing further information. You understand and agree that these links are to sites outside the control of Yoza so that obviously Yoza cannot be held responsible for the content of such sites. You agree that you cannot claim that links signify that Yoza endorses the site(s) linked to. You agree that even if Yoza knows that sites linked to infringe or allegedly infringe your legal rights that it is in the nature of the Internet that such links are made without imposing any duty or liability on the linking site and that Yoza shall have no responsibility and bear no liability in relation to the the linked site(s).

58. You agree that the content published on Yoza does not represent the views of the any of the Yoza Team and You undertake that you will neither communicate to any person a suggestion that such is the case, nor make any legal claim that such is the case.

General Terms

59. You agree that if any provision of the Yoza Terms of Use, or any other provision governing your use of Yoza such as Specific Competition Conditions, is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

60. The Yoza Team may amend these Terms of Use at any time by posting the amended terms and conditions on http://yoza.mobi or a successor site. All amended terms shall automatically become effective immediately after they are posted on the site and any subsequent use of the site shall be governed by such amended terms. You should regularly check these terms and conditions for any amendments or updates.

61. You agree that all or part of these Terms of Use, and other legally binding terms or conditions of the site may be translated from English into one or more languages and that Yoza does not warrant that any translation is accurate. In the event of a conflict between the English version of a provision and a translation then You agree that the version in English will be authoritative and prevail over the translation.

62. You agree that the Yoza Terms of Use will be construed and interpreted in accordance with the laws of the Republic of South Africa.

63. If you allege a complaint or claim against Yoza then you should send a notice setting out the grounds of your complaint or claim, your full names, address, phone numbers, and email address to the address below:
Shuttleworth Foundation (SF Advisors South Africa (Pty) Ltd)
Unit 14
Canal Edge 4
Carl Cronje Drive
Tyger Waterfront
Cape Town, South Africa
Phone Number: 021 300 1200
PO Box 4615
Durbanville
7550
South Africa
Email: info@shuttleworthfoundation.org

64. If there is any apparent conflict between these terms of use and the terms of use of any other service which you use to access Yoza then the two sets of terms shall be read so as not to conflict, or if that is not possible then the terms of use of the other service provider shall prevail, except in so far as that shall create any liability for anyone part of the Yoza Team.