Terms of Service
1. Your Acceptance
2. MY COMMUNITY Service
These Terms of Service apply to all users of the MY COMMUNITY Service. Information provided by our users through the MY COMMUNITY Service may contain links to third party websites that are not owned or controlled by MY COMMUNITY. MY COMMUNITY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MY COMMUNITY will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MY COMMUNITY shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. MY COMMUNITY Access
3.2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide MY COMMUNITY with your email address and mobile phone number. You expressly acknowledge and agree that in order to provide the Service. When providing your email address and mobile phone number, you must provide accurate and complete information. You are solely responsible for the content messages that you submit. You must notify MY COMMUNITY immediately of any breach of security or unauthorized use of your device. Although MY COMMUNITY will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MY COMMUNITY or others due to such unauthorized use.
3.3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers”, that accesses the Service in a manner that sends more request messages to the MY COMMUNITY servers in a given period of time than a human can reasonably produce in the same period by using a MY COMMUNITY application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, MY COMMUNITY grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MY COMMUNITY reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by MY COMMUNITY clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the MY COMMUNITY Service along with MY COMMUNITY created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MY COMMUNITY, subject to copyright and other intellectual property rights under international laws and conventions. The Service is provided to you AS IS. MY COMMUNITY reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Service for any commercial purposes.
5. Communities Content Submissions
5.1. The MY COMMUNITY Service allows Communities to submit content text, photos and other communications to you.
5.2. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. Because MY COMMUNITY is only acting as a repository of data, user submitted contents do not necessarily represent the views or opinions of MY COMMUNITY, and MY COMMUNITY makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MY COMMUNITY to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Submissions, but you have to have the rights in the first place. However, by submitting the Submissions to MY COMMUNITY, you hereby grant MY COMMUNITY a worldwide, nonexclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the MY COMMUNITY Service and MY COMMUNITY's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MY COMMUNITY Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your content on the MY COMMUNITY Service a non-exclusive license to access your Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a content from the MY COMMUNITY Service.
5.3. In connection with Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MY COMMUNITY all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MY COMMUNITY or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
5.4. Adult content is not permitted on the MY COMMUNITY Service. MY COMMUNITY does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and MY COMMUNITY expressly disclaims any and all liability in connection with Submissions. MY COMMUNITY does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and MY COMMUNITY will remove all content and Submissions if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the MY COMMUNITY user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at mycommunity.zone. MY COMMUNITY reserves the right to remove content and Submissions without prior notice. MY COMMUNITY may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized MY COMMUNITY employees. MY COMMUNITY also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. MY COMMUNITY may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
5.5. You understand that when using the MY COMMUNITY Service you will be exposed to Submissions from a variety of sources, and that MY COMMUNITY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of MY COMMUNITY. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MY COMMUNITY with respect thereto, and agree to indemnify and hold MY COMMUNITY, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MY COMMUNITY Service. 5.6. MY COMMUNITY permits you to link to materials on the Service for personal purposes only. MY COMMUNITY reserves the right to discontinue any aspect of the MY COMMUNITY Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MY COMMUNITY SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MY COMMUNITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MY COMMUNITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR 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 MY COMMUNITY SERVICE. MY COMMUNITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MY COMMUNITY SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER CONTENT OR OTHER ADVERTISING, AND MY COMMUNITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT MY COMMUNITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by MY COMMUNITY from its facilities in the South Africa. MY COMMUNITY makes no representations that the MY COMMUNITY Service is appropriate or available for use in other locations. Those who access or use the MY COMMUNITY Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MY COMMUNITY, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MY COMMUNITY Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MY COMMUNITY Service. We don't support or encourage illegal consumption of alcohol or tobacco.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MY COMMUNITY without restriction.
Date Last Modified: This Terms of Service was last modified 8 December 2015
3. The Information MY COMMUNITY Collects
MY COMMUNITY may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your email address, mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to MY COMMUNITY when choosing to participate in various uses of the MY COMMUNITY Service, such as registering as a user, updating your content. In order to provide the MY COMMUNITY Service, MY COMMUNITY will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other MY COMMUNITY users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the MY COMMUNITY Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. MY COMMUNITY uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the MY COMMUNITY Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the MY COMMUNITY Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the content of and various content information. When you use the MY COMMUNITY Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any content information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
4. The Information MY COMMUNITY Does Not Collect
MY COMMUNITY does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers. Files that are sent through the MY COMMUNITY Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
5. The Way MY COMMUNITY
6. When MY COMMUNITY Discloses Information
Other users of the MY COMMUNITY Service may see your Submissions in a way that is consistent with the use of the MY COMMUNITY Service. We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or optout. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the MY COMMUNITY Service. We may share nonpersonally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the MY COMMUNITY Site. We may collect and release Personally Identifiable Information and/or non-personallyidentifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with appropriate laws, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. MY COMMUNITY also reserves the right to disclose Personally Identifiable Information and/or non-personallyidentifiable information that MY COMMUNITY believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the MY COMMUNITY Site or our servers, and to protect the rights, property, or personal safety of MY COMMUNITY, our users or others.
7. Your Choices
8. Our Commitment To Data Security
MY COMMUNITY uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to MY COMMUNITY and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the MY COMMUNITY Service is never recommended. Once we receive your transmission of information, MY COMMUNITY makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If MY COMMUNITY learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. MY COMMUNITY may post a notice on the MY COMMUNITY Site or through the MY COMMUNITY Service if a security breach occurs.
9. Special Note to International Users
10. In the Event of Merger, Sale, or Bankruptcy
Date Last Modified: This Privacy Notice was last modified 8 December 2015