NOTE: If you are younger than 18 years of age then making a submission requires your parent or guardian's consent. It is up to you to get your parent or guardian to agree. If you make a submission then you are representing to Yoza that your parent or guardian has consented.
"Derivative" means a work based upon another pre-existing work or works and includes an adaptation of a work, translation, dramatisation, fictionalisation, abridgement, condensation, or any other form in which the pre-existing work may be recast, transformed, or adapted.
"Thirty day Consideration Period License" means a copyright license for a period of thirty days from the date of a submission to enable Yoza to decide whether to publish the work or not, subject to the conditions set out in the clause on the thirty day consideration period license;
"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 of others work under Creative Commons Attribution or Creative Commons Attribution Share Alike Licenses.
Yoza: refers to everyone involved in offering Yoza digital offerings including http://www.yoza.mobi, Yoza on MXit, and Yoza on any mobile platform, including the Shuttleworth Foundation (SF Advisors South Africa (Pty) Ltd) and their employees, agents, grantees and associates.
"You" means an individual making submissions to Yoza, or attempting to make submissions to Yoza, or communicating with Yoza in respect of a submission or submissions of which he or she purports to be the author.
1. You may submit one or more pieces of original writing.
2. By making a submission 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.
3. If the submission is a permitted derivative work of a work under a Creative Commons Attribution or Creative Commons Attribution Share Alike license then you must attribute the author of that work as required.
4. If the submission is a rework of a work in the public domain you must stipulate the name of the work and author.
5. If one or more of your submissions is chosen for publication by Yoza then you agree that it will be published under a Creative Commons Attribution Share Alike 2.5 South Africa license (http://creativecommons.org/licenses/by-sa/2.5/za/). The conditions of the license include Attribution and Share alike. This means that Yoza, and any member of the public can freely copy, distribute, display and perform and make derivatives, provided that they credit the original and subsequent authors. You may publish other versions of the submission but you will be unable to give an exclusive license.
6. You retain any copyright which might subsist in each of your submissions, subject to the Creative Commons license, and the thirty day consideration period license.
7. You hereby indemnify Yoza against any claim that may be made by any other person against Yoza, or its agents, in respect of the copyright of a submission.
Thirty Day Consideration Period License
8. You agree that when you make a submission to Yoza that you grant Yoza a license for thirty days with the following conditions:
8.1. You agree that for thirty days from the date on which you make a submission to Yoza that you may not withdraw the work from consideration by Yoza, and that at any time during the thirty days Yoza may publish the submission under a Creative Commons Attribution Share Alike 2.5 South Africa license (http://creativecommons.org/licenses/by-sa/2.5/za/).
8.2. You also agree that for thirty days from the date on which you submit a piece of original writing to Yoza you may not transfer the copyright to the submission to any other person, nor may you grant another person an exclusive license.
8.3. During the consideration period of thirty days you may submit a submission already made to Yoza to other websites, publishers, and publish it yourself, including under other terms such as all rights reserved, subject however to the consideration period license granted to Yoza and to a Creative Commons Attribution Share Alike 2.5 South Africa license if the work is published.
8.4. If Yoza does not publish the work within thirty days then you may deal with it without any restrictions from Yoza.
8.5. You agree that Yoza is not required to advise you whether your submission has been accepted or not. Instead you must examine the Yoza website 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.
8.6. For the avoidance of doubt the thirty days shall exclude the first but include the last. (For example, if you were to submit on 1 January then the thirty days count would begin on 2 January and last until and including 31 January. The thirty days would be over on 1 February.)
Decision to Publish Submissions
9. Yoza may choose whether to publish a submission or not in its sole and absolute discretion.
10. You agree that Yoza is under no obligation to publish any of your submissions, and that you have no right, nor expectation whatsoever that Yoza will publish a submission or communicate with you about Yoza's decision not to publish a submission.
11. You agree not to make a submission that discriminates against anyone on the basis of race or gender, or is sexually explicit, or gratuitously violent.
12. You agree that if you post content that infringes any law on sexually explicit or violent or discriminatory expression that Yoza may report the incident together with any information which Yoza has about you to the authorities.
13. You agree that Yoza reserves the right not to publish any submission and to disqualify any person from making submissions in its discretion.
14. You agree that you will not receive any payment from Yoza for any submission.
15. Yoza shall endeavor to publish your name, as indicated by yourself in your submission, as author of a submission, and may choose to link to a website indicated yourself. You agree that Yoza retains an absolute discretion whether to link to a website indicated by yourself.
16. Yoza may collect the following information about you:
URL of your website;
Personal information made available by you.
17. Yoza may use your information: as set out in these conditions, to contact you, to make Yoza available to you, to attribute and link to your website, to compile non-personal statistics about the use of the services and for research purposes.
18. You agree that although Yoza will take reasonable care to ensure that your privacy is protected it cannot guarantee your privacy.
19. You agree that Yoza shall not be liable in any form or manner in relation to any action arising from the unauthorised use of Your personal information by Yoza, officers, trustees, employees, agents, licensors and suppliers.
20. Yoza shall only disclose your personal information to other people, when authorised by these terms, and 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 it is entitled or required by law to access your personal information.
21. You understand that Yoza need not notify you in the event that it is required by law to disclose 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.
22. 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:
The Shuttleworth Foundation (SF Advisors South Africa (Pty) Ltd)
Postal address: PO Box 4165, Durbanville, Cape Town, 7551, South Africa
Telephone: +27 21 300 1200
Fax: +27 86 600 1207
23. You agree that for any valid reason, including non compliance with the submission conditions, Yoza may disqualify you from making further submissions.
24. You agree that Yoza may amend these Conditions at any time by posting the amended conditions on the site http://www.yoza.mobi or a successor website. All amended conditions shall automatically become effective immediately after they are posted on the site and any subsequent use of the site, and submissions shall be governed by such amended terms. You should regularly check these conditions for any amendments or updates.
25. You agree that by making a submission you release and hold Yoza free of any and all losses, damages, rights, claims and actions of any kind in connection with a submission, or use of the Yoza site including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy.
26. You agree that Yoza is not responsible for: lost, late, delayed, misdirected, unintelligible or incomplete electronic mail, SMSes or mobisite content; telephone, cellphone, electronic, hardware or software program, network, internet or computer malfunctions, failures, or difficulties; errors in transmission; or any condition caused by events beyond the control of Yoza, which may cause the submissions to the site to be disrupted or discontinued.
27. You hereby indemnify Yoza against any claim that may be made by any other person against Yoza, or its agents, in respect of submission made by you.
28. You agree that the law of the Republic of South Africa shall apply to these conditions.