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Terms & Conditions
Welcome to Milkway the gay friendly social networking where you always will feel welcome!
As a Lesbian, Gay, Bisexual and Transgender Social networking we encourage debate and dialogue from all traditions, race, gender and sexual orientation, while requesting that you respect our choices and rights. We would ask you to treat all our members with charity and respect, and for this reason personal attracts and homophobic discrimination will not be tolerated. Please do not join this site to promote beliefs or hate speech that opposes the LGBT community.
Any content that is vulgar, sexually-explicit, and discriminatory hateful, threatening or violating any laws will be removed. Please notify us if you are experiencing any kind of discrimination. We are here to help where attention is needed in our LGBT community. Similarly any massages that harass insults, belittle, bully or threaten another member will be removed and reported.
About the Terms
1.
By clicking ‘I Accept’ to the Terms and Conditions when becoming a member of Milkway and/ or by using the website at www.milkway.co.za “website” you agree to be bound by these Terms and Conditions and the Privacy Statement. You must read them carefully, if you do not agree to these Terms and Conditions and its Privacy Statement, please do not access, use or participate in Milkway. If, in our reasonable opinion, you commit acts that breach these Terms and Conditions, we can immediately without any further notice terminate your membership of this website. These Terms and Conditions, and Privacy Statement are enforced in accordance with the laws of South Africa and the Homosexual rights in South Africa.
2.
This website is owned and operated by the Milkway management team and creators
Privacy Statement 3.
The privacy statement forms part of these Terms and Conditions. Please read the Privacy Statement for more detailed information on how we store and use your Personal information in accordance with the South African Privacy Principles before using or submitting your Personal information or other content on the website. Follow this link to read the Privacy Statement.
Eligibility& Registration
4.
This website is only for persons aged sixteen years or over and above may agree to these Terms and use the website. If you are under the age of 18 years then you must obtain the permission of your parents/ legal guardian to create a user account and provide Personal information online. We may terminate your account at any time if, in our reasonably opinion, you have not obtain such permission. You are required to create a user account before you can access certain content or submit or post material onto website. You must provide complete and accurate information when creating a user account and must immediately notify us on any unauthorized use of your user account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting content which violates any law.
Changes and Modifications.
5.
We may modify these Terms and Conditions from time to time. In the event of a modification we will post the modified Terms on the website. The modified Terms will come into affect as soon as they are posted on the website and use the website after that point will be subject to the modified Terms. It is your responsibility to review these Terms regularly. By continuing to us Milkway will deemed to have accepted the modified Terms.
Intellectual Property
6.
All intellectual property rights (registered and unregistered), including Copyrights, design , patents, photography, illustrations, software and trademarks in and on the website shall remain vested with us or our licensors( including other users)(our materials). You do not have permission to copy, reproduce, broadcast, transmit, modify, rearrange, download or other wise user OUR materials except for you own personal non-commercial use as set out in these Terms and Conditions.
We do not grant any license or right, or assign all our part of, our intellectual rights in our materials or applications into the website or in the user interface of the website. You agree not to reproduce, broadcast, transmit, modify, rearrange, download or other wise use OUR materials without out express prior written consent.
7.
This website may contain links to other websites (linked sites). These linked sites are outside of our control and as such we do not accept responsibility or liability for their content, materials, products or services, or warrant the accuracy or security of the linked sites. If you use a linked site you do so entirely at your own risk. Our inclusion of other link to linked sites does not imply any endorsement of the material on them or any association with their owners or operators.
Linked sites my contain advertisements or hyperlinked to other sites- such advertisements or hyperlinked materials are not recommendations or endorsements by us and we are not responsible for the products or services being advertised. If you access other contents or services from the third party sites, we are not responsible for your compliance with local laws or other applicable laws.
Linking to this website
8.
We permit you to provide links to this website. You may use the name ‘Milkway’ in the text of any such links; you may not use our logo or any of our other trademarks without our prior written consent. You must not frame this website, or represent or imply that any part of the website belongs to anyone other than us. If we notify you that we object to the way in which you provide links to this website, you must immediate cease providing such links
9.
We respect the intellectual property rights of others and prohibit materials that violate another party’s intellectual property rights. If you believe that any materials on this website infringes copyright, please sent a written notification of such infringement to our copyright agent by taking the following steps
Identify the copyrighted work so we can locate the material. For example, “the copyrighted work is on the profile page of…”
Identify the URL that contains the materials that you claim infringes your copyright. Please word this as follows: “the content of the following URL infringes my copyright.
Provide the electronic or physical signature of the owner of the copyright( or a person acting on the owner’s behalf)
State that you believe ‘ in good faith’ that the materials you identify as copyright is not authorized by the copyright owner, its agent, or the law
State the information contained in your knowledge, and that you attest under the penalty or perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf
Include your name, mailing address, telephone number and e-mail address.
Forward these details to: the Milkway copyright officer milkway.lgbt@gmail . we will use our reasonable endeavors to contact the source of the allegedly infringing materials and may remove any content which is the subject of notice under this clause within a reasonable time we reserve the right to take any further steps we deem necessary to further investigate such content.
Conditions of use
10.
The website is build to allow member (referred to as “you” or “the member”) to communicate with each other.
Think very carefully about your personal Privacy and safety
As Milkway is about sharing information and ideas with other liked minded people, individuals or organizations that you interact with while using the website may approach you to organize offline meetings or activities. You must satisfy yourself as to the identity of any persons or organizations that you agree to meet offline and that their intentions for meeting you are bona fide. We do not guarantee or warrant in anyway that persons who you interact with on the website are who they claim to be
Make sure you always meet offline safety!!
Remember
We do not warrant and there is no guarantee that people are who they say they are.
Never meet people alone- AND ALWAYS tell a friend or family member where you are going and who you are meeting!
If you are under the age of 18 NEVER arrange to meet anyone offline unless you have got the permission of your parent even if you intent to take other people to the meeting. NEVER GO ALONE!
Make sure you use the website safety
You should also be aware that information that you post on this or any other site may, affect your offline life, for example you must not post Personal information including your Address , Telephone number, year of birth or any other information which might pose a risk to your personal privacy or safety.
11.
You may only use the website for lawful purposes, in a responsible manner, and in accordance with these Terms and Conditions, by using this website:
You agree to be responsible for the security of your password, usage of your account and both the public and private content you communicate on this website.
You agree to give honest, accurate and current information about yourself and to maintain and update this information.
You agree to accept responsibility for all materials, information, opinions, photographs, and any other media content that you upload, post, or publish to or through the website (content).
You agree not to transmit, upload, post, distribute, publish or reproduce in any way any content that you did not create, including copyrighted material, trademarks, hyperlinks to the third party materials or other proprietary information without obtaining the prior consent for such proprietary rights.
You agree not to transmit post, distribute or reproduce in any way, materials that violate any law or any right of another, including but not limited to, intellectual property rights, moral rights, and passing- off, defamation, contempt of court, sub-judice, privacy or confidence.
You grant us irrevocable, perpetual and transferrable license to use and reproduce any content in any manner and all media (whether now known or in the future devised) throughout the world. This includes the right to edit, adapt, modify, change, add to, and detract from, the content for any purpose including for the purpose for publishing the content to users of the website, or for promotional or commercial purposes. This license will remain in effect during the entire life you’re your membership and after your membership ceases.
You agree that we can materially alter any content and use it in any manner for any purpose with or without attribution to you.
You also agree not to post offensive sexual references or suggestive language, other people images without their consent, nudity other wise offensive material in any are of this site. We reserve the right, but have no obligation, to reject or remove any profile picture.
You agree not to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software.
You agree not to contact any other website member to solicit members of activities which are contrary to the LGBT community.
Furthermore, by using this website you agree that you will not:
Publish or upload any links or content that can be construed as abusive, libelous, defamatory, privacy invading, sexual and racially offensive abusive, threatening, harmful, vulgar, obscene, or other wise offensive or unlawful material of any kind
Publish or upload any links or content that can be seen as an attack in the LGBT community, in consideration of nature of this website.
Publish or upload any links or content of pornographic nature.
Use the website for any commercial purpose.
Use the website in anyway that could impair the operation of the website including content that contains a virus or corrupted data.
Create a false or misleading identity of, including, but not limited to, another Milkway user. A employee or member of the Milkway management, of falsely state or other wise misrepresent your affiliation with persons or entity for the purpose of misleading others as to the identity of the sender or the origin of a message, or to harvest or other wise collect information about others.
Use automated processes to collect information from the website.
Reformat or frame any portion of the web pages that are part of the Milkway service.
Interfere with other member’s use and enjoyment of the Milkway service.
Advertise or solicit other members to use Milkway for buying of the goods or services.
This site may be accessed throughout South Africa and overeats. We make no representation that the content of this site complies with the laws (including intellectual property laws) of any country from outside South Africa; you do so on your own account and are response with al laws in the place where you are located. Gay-friendly counties.
We reserve the right to edit, refuse to past, or to remove content discretionoy you in our sole discretion.
12.
You must not make any false assertion or misrepresentation of any kind while using the website, including your name, age, gender, title, occupation, qualification, accreditation, expertise or your association, affiliations or membership. You also must not use the website for any immoral, illegal or criminal purpose. We have the right in our sole discretion to undertake any checks or investigation that we deem as necessary from time to time in respect to all assertions and representations made by you, and all activity undertaken by you, while using the website. We have the right in our sole discretion to refuse your access to the website and to terminate your user account at any time if we believe that you have made false assertion or misrepresentation or have used the website for an immoral, illegal or criminal purpose or other wise breached these Terms and Conditions.
Responsibility
13.
You are responsible and liable for all activities while using and participating in activities on Milkway. We are not liable for any loss of confidentially or for any damages arising from your failure to comply wit website security measures. We request that you promptly report to us any unauthorized use of your user account and password. You agree that we are not liable for any damages which may result from your neglect or other wise from your use of the website
14.
The Milkway areas are not designed as the primary places to store any materials; you are responsible for creating backups of materials you post to Milkway such as photos, documents and software. We are not responsible for loss of access to, or deletion or alteration of any materials.
15.
We offer no conditions or warranties, representations or any other term in relation too the website. The use of this website is at your sole risk. To the fullest extent permitted by law, we hereby exclude all conditions and warranties (express and implied) of any kind. To the extent permitted by law, liability under any conditions or warranty which cannot be legally excluded is limited at our option to replacement or resupply of goods or services or payment for the same. While we Endeavour to provide a functional website, we do not guarantee that your use of the website will be uninterrupted, error-free or that the website or server from which it operates are free of viruses or other harmful components. We are not responsible for any loss, corruption or interception of data sent to or from our website which occurs outside of our computer systems(such as those which occur while being sent over the internet).We recommend that you install and use up-to-date anti-virus and firewall software on your computer . we do not warrant or make any representation regarding your access to, or the results of your access to this website or any content in terms of correctness , accuracy, timeline, completeness, reliability or otherwise . We shall not be responsible for any loss or damage suffered by you as a result of you using the website, or any content which has been uploaded, posted, distributed, published or reproduced by any user of this website. We do not endorse any opinion, recommendation or advice contained in materials on the website which have been uploaded, posted, distributed, published or reproduced by any user of this website.
Under no circumstances(including without limitation, any act or mission on our part)will we be liable for any indirect , incidental, special and / or consequential damages or loss whatsoever which results any use of access of (or inability to use or access)_ this website , or any materials or content’s on this website.
Indemnity
16.
You agree to indemnify Milkway, Milkway management and our respective directors, officers, agents and affiliates from and against all claims, liabilities, costs and expenses ( including legal cost on a full indemnity basis) resulting from your failure to comply with these Terms and Conditions.
Applicable laws
17.
This website will be governed by construed in accordance of South Africa. We make no representation that the materials on this website are appropriate for use in other locations. Those who access this website from locations outside South Africa do so on their own initiative and are responsible for compliance with local laws. you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of South Africa. If any provision of these Terms and Conditions is found to be invalid or unenforceable will not be affected the remainder of these Terms and Conditions which will continue in full force and effect.
We reserve the right to remove at any time, without notice or explanation, any member account or user service or any particular posting that violated these Terms and Conditions, or to otherwise terminate your access to the website in our sole discretion
These Terms and Conditions were last updated on September 1, 2011